Terms and Conditions

Thanks for using Her name Was Inc (hereafter “Her Name Was,” “HNW”, “we,” “us,” or “our”). Her Name Was offers its goods and services through the hernamewas website, www.hernamewas.com (the “Website”). 

• Acceptance of Terms of Use and Amendments

These Terms of Use (“Terms”) explain the rules for your use of the Website. Please read these Terms carefully, and let us know if you have any questions. 

Each time you use or access the Website, you agree to be bound by these Terms and our Privacy Policy (and any other policies or procedures incorporated in these Terms), as amended from time to time with or without notice to you. In addition, if you are using a particular service on the Website, including services accessed via the Website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms. Please read our Privacy Policy, which is incorporated within these Terms by reference.

We may revise and update these Terms from time to time. All changes are effective when posted here, and apply to all access to and use of the Website after they are posted. Your continued use of the Website after the revised Terms are posted means that you accept and agree to the changes. You should check these Terms from time to time to ensure you are aware of any changes. 

• Her Name Was Website

This Website and the services provided to you on and via our Website are provided on an “AS IS” basis. You agree that Her Name Was reserves the right to modify or discontinue provision of the Website, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Her Name Was will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

• Permitted Users

To use the Website, you must 

• be able to form a legally binding contract with us; 
• be over the age of 13; 
• reside in the United States, its territories, or possessions; and 
• not have had a previous Her Name Was account disabled by Her Name Was. 

If you do not meet all of these requirements, you may not access or use the Website.

• Your Responsibilities and Registration Obligations

In order to use the Website or certain parts of it, you may be required to register for a user account on the Website. In this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to these Terms, including any amendments made by Her Name Was that are published herein.

• Privacy Policy

Registration data and other personally identifiable information that may be collected via the Website are subject to the terms of the Her Name Was Privacy Policy.

View the full privacy policy.

• Registration and Password

When you create an account, you will choose or be provided with, a user name, password, or information that you will use to secure your Account (“User Credentials”). You are responsible for maintaining the confidentiality of your User Credentials, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Her Name Was of any unauthorized use of your user account, user name, or password.

• Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video, or other materials (“User Content”), made available publicly or privately, will be under the sole responsibility of the person providing the said User Content, or of the person whose user account is used. You agree that the Website may expose you to User Content that may be objectionable or offensive. Her Name Was will not be responsible to you in any way for content displayed via the Website, nor for any error or omission. All User Content must comply with the Content Standards set out in these Terms. You retain all rights in, and are solely responsible for your User Content, subject to the rights you grant in accordance with these Terms.

By using the Website provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of the Website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national, or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use the Website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use the Website to promote or operate any service or content without Her Name Was prior written consent;

(e) you will not provide any content that may give rise to Her Name Was being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

• Submission of Content Through the Website

By providing any User Content:

(a) you agree to grant Her Name Was a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part of the User Content. Such license will apply with respect to any form, media, or technology already known at the time of provision or developed subsequently;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Her Name Was the license specified in this section 8;

(c) you acknowledge and agree that Her Name Was will have the right (but not obligation), at Her Name Was entire discretion, to refuse to publish, or to remove, or to block access to any User Content you provide, at any time and for any reason, with or without notice;

(d) you acknowledge and agree that User Content is non-confidential and non-proprietary;

(e) you acknowledge and agree that all of your User Content does and will comply with these Terms;

(f) you acknowledge and agree that nothing in these Terms restricts other rights Her Name Was  may have to User Content; 

(g) you acknowledge and agree that Her Name Was reserves the right to remove, modify, or take any other action with respect to User Content, including changing the way it is used in Her Name Was for any reason, that Her Name Was deems in its sole discretion, including if we believe that such User Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Her Name Was or the public, or could create liability for Her Name Was; and

(h) you acknowledge and agree that Her Name Was may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Content Standards

These “Content Standards” apply to any and all User Content and use of the Website. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• No Responsibility for User Content

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and other users are responsible for any User Content they submit or contribute. HNW is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of Her Name Was Website.

While we reserve the right to, we cannot and do not undertake to review material before it is posted on Her Name Was, we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

• Surviving Nature of Content

After termination or deactivation of your Her Name Was account, or if you remove any specific User Content from Her Name Was, we may keep the User Content, and it will remain in Her Name Was for backup, archival, or audit purposes but will not be visible on or accessible through your account. Her Name Was and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have copied, downloaded, posted, shared or otherwise made available in other locations while you had it available on your Her Name Was account.

• Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Her Name Was may provide certain social media features that enable you to (a) link from your own or certain third-party websites to certain content on the Website; (b) send emails or other communications with certain content or links to certain content on the Website; (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking; (c) link to any part of the Website other than the homepage of the Website; (d) otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms. We reserve the right to withdraw linking permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.

• Third-Party Services

Goods and services of third parties may be advertised and/or may be made available on or through the Website, including links to third-party websites, services, advertisements, special offers, or other activities that are not owned or controlled by Her Name Was. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties, including those third parties’ terms of use and privacy policies. Her Name Was does not endorse or assume any responsibility for any such third-party websites, services, advertisements, special offers, products, information, or materials. Her Name Was will not in any manner be liable for or responsible for any of your dealings or interaction with third parties—if you access any third-party website, service, advertisement, special offer, or other content from the Website, you do so at your own risk.

• Feedback

If you provide Her Name Was with feedback, comments, or ideas about features, functionality, improvements, modifications, or other products or services provided by Her Name Was, you agree that we can use them without any restrictions or any compensation to you. By accepting your submitted feedback, comments, or ideas, Her Name Was does not waive any right to use similar or related feedback, comments or ideas previously known or provided to Her Name Was, or developed by its employees, other users, or other sources.

• Access

You are responsible for both making all arrangements necessary for you to access Her Name Was and for ensuring that all persons who access Her Name Was through your Internet connection or access credentials are aware of and comply with these Terms.

You acknowledge and agree that Her Name Was may suspend or terminate your right to access or use the Website immediately and without notice if we have reason to believe you have violated these Terms or any of our other policies or applicable law. Upon suspension or termination of your access to the Website, you continue to be bound by these Terms and the policies and procedures incorporated herein by reference until fully performed. 

• Security

Her Name Was uses commercially reasonable safeguards to help keep User Content and accounts, secure and requires User Credentials to verify your identity before granting you access to your account. Despite these steps, the security of information transmitted over the Internet can never be fully secured, and Her Name Was cannot ensure the security of any information you transmit or guarantee that information on the Website may not be accessed, disclosed, altered, or destroyed.

• Law Enforcement

You acknowledge and agree that  Her Name Was  may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, we have and reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND AGREE TO HOLD HARMLESS HER NAME WAS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

• Indemnification

You agree to indemnify and hold harmless Her Name Was and Her Name Was representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, costs, and expenses, that may be filed by any third party, arising out of your conduct or connection with the Website, your provision of User Content, your violation of these Terms, or any other violation by you of the rights of another person or party (including reasonable attorneys’ fees).

• Disclaimer of Warranties & Non-Reliance

You understand and agree that your use of the Website and any provided content is at your own risk. The information presented on or through the Website is made available solely for general information purposes. The Website and content are provided to you “as is,” and Her Name Was expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Her Name Was, or by anyone who may be informed of any of its contents.

Her Name Was makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither Her Name Was nor any participant in the Website provide professional advice of any kind and that any advice or any other information obtained via the Website may be used solely at your own risk, and that Her Name Was will not be held liable in any way.

You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purposes. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as it regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

• Opinion

Her Name Was may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Her Name Was, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Her Name Was. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

• Limitation of Liability

To the maximum extent permitted by law, you expressly understand and agree that Her Name Was shall not be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Her Name Was has been advised of the possibility of such damages), resulting from (i) the use of the Website or the inability to use the Website, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into through the Website, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using the Website, or (v) any other matter relating to the Website. IN NO EVENT SHALL HER NAME WAS AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO HER NAME WAS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

• Intellectual Property Rights

The Website and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Her Name Was, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use Her Name Was for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except (a) to temporarily store copies of materials on your computer incidental to your use of the Website; (b) to store files that are automatically cached by your web-browser for display purposes; and (c) to print or download one copy of a reasonable number of pages from the Website for your own personal use (if you have created an account on behalf of an entity, personal use means internal business use only). If we provide social media features with certain content, you may take such actions as are enabled by those social media features. 

You must not (a) modify any materials on the website; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; (d) use the Website in any way that violates any applicable federal, state, local, or international law or regulation, for the purpose of exploiting, harming, or attempting to exploit or harm minors; for sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with our content standards set out in these Terms.

The Her Name Was name, the Her Name Was logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Her Name Was or its affiliates or licensors. You must not use such marks without the prior written permission of Her Name Was. All other names, logos, product and service names, designs, and slogans used on the Website are the trademarks of their respective owners.

• Changes to the Website

We reserve the right to modify, enhance or otherwise change Her Name Was services and its offerings at any time in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website, or all of the Website, to users. While we may update the Website from time to time, its content (particularly User Content) is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such materials.

• Changes to the Terms and Notifications

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use the Website after revisions become effective, you agree to be bound by these Terms. 

• Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Her Name Was without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. In case of such an assignment by Her Name Was, you are entitled to immediately terminate your relationship with HNW by deactivating your account. Her Name Was will provide you with reasonable notice of any such assignment.

• Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Her Name Was shall constitute the entire agreement between you and Her Name Was concerning use of Her Name Was. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

• No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Her Name Was failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

• Concerns/Comments

Please direct any feedback, comments, and other communications relating to Her Name Was to info@hernamewas.com.

Revised: May 25, 2021