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What Now What Next Terms of Service

This Website is owned and operated by NOW NEXT MEDIA, LLC, a company registered in California and New York, which has the d/b/a What Now What Next (“What Now What Next” or WNWN).  In this Terms of Use, the user may be referred to as “you” and What Now What Next may be referred to as “Operator”, “us”, “we”, or “our.”  By using or accessing the What Now What Next Website or Mobile Application (“Service”), you agree to these Terms of Use and the Privacy Policy.

1.  Use of the Service

WHAT NOW WHAT NEXT is a collaborative network and peer-to-peer marketplace for women entrepreneurs. What Now What Next provides a platform for third-party sellers (“Sellers”) and buyers (“Buyers”) to negotiate and complete transactions amongst each other. What Now What Next is not involved in the actual transaction between Sellers and Buyers and is not responsible for any aspect of that transaction.  As a Seller, you may list any item on the Site unless it is a prohibited item detailed below or otherwise prohibited by law. 

Joining the WHAT NOW WHAT NEXT marketplace and creating a listing to sell your products and services is free. Sellers set their own fees for products, services and shipping and are responsible for all transactions with the Buyer, including shipping.

Once an item sells via the WNWN website, there is a 5% transaction fee on the sale price (not including shipping cost) collected by WNWN.  For transactions that result from leads generated by Seller “offer” listings on our site, but are not sold through our site, WNWN will send Seller quarterly reports outlining leads generated from Seller listings. Seller is responsible for reporting back on which leads resulted in completed transactions and for paying the related 5% transaction fee.

Any advice, opinion, statement or information posted to the site is solely for educational, discussion, and promotional purposes. What Now What Next does not endorse any postings, or guarantee the accuracy thereof, and we are not responsible for any loss or damage resulting from your reliance thereon.

Information presented on the site is not intended to be, and should not be considered, a substitute for medical, ethical, legal, or other professional advice.

You are solely responsible for your use of this site and any content that you post to the site. You may not post any items or content that:

1. sexually exploits or solicits minor children under the age of 18 even if they falsely attest to being 18 years of age or older;
2. discriminates against other users on the basis of race, gender, age, sexual orientation, national origin, religious preference;
3. offends, harasses, stalks, abuses or threatens other users;
4. we consider in our sole discretion to be vulgar, offensive, obscene, pornographic, hateful, threatening, profane, lewd, lascivious, violent, false, misleading, defamatory, libelous or otherwise objectionable;
5. promotes or provides instruction on illegal conduct or activities (including but not limited to obscenity, defamation, harassment, abuse, threats, piracy, hate crimes, or terrorism);
6. infringes on the intellectual property rights of others;
7. falsely advertises any goods or services or solicits funds;
8. impersonates any other person, including a representative of What Now What Next; or
9. otherwise violates the laws and regulations of the United States and the State of New York. 

These items are strictly prohibited. You are solely responsible for your conduct on the site and for your interactions with other users.  What Now What Next does not guarantee any particular outcome from your use of the site or your interactions with other users in the community, including but not limited to buyers and sellers of products.  Please use precautions in your interactions with other users.  We are not liable for any direct, indirect, general, special, compensatory, consequential, and/or incidental damages that may arise out of your use of What Now What Next, including but not limited to online or in-person communications or meetings with other users of the service.  We are not responsible for any harm you incur as a result of another member’s inappropriate conduct or content, whether through the What Now What Next website, or in person. We are not responsible for any content that violates these terms; however, we reserve the right to delete any content that violates these terms, or the rights of any user, without notice.  Further, we reserve the right to terminate your use of the service upon discovery of such content.

Additionally, you may not:

1. permit or otherwise enable unauthorized users to access and/or use the Service;
2. use the Service to export software or data in violation of applicable U.S. laws or regulations;
3. sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;
4. remove any copyright, trademark, patent or other proprietary notices from the Service;
5. distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement; (viii) frame or utilize framing techniques to enclose the Service, or any portion thereof;
6. exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, spiders, crawlers or any other automated means;
7. register as a user of the Service by providing false, inaccurate, or misleading information, or by creating or attempting to create multiple user accounts;
8. post hyperlinks to commercial services or websites;
9. collect personal data about other users of the Service for commercial or any other purposes;
10. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
11. attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service); or
12. make available Content  that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing.

You may not cause harm to this website or its users by uploading any virus or malicious software. Your use of the Service, including the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.

We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason.

Although we strive to provide uninterrupted, error-free service, we cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness accuracy, deletion, non-delivery or failure to store any user data, communications or settings. We are not responsible for any losses incurred as a result of data breaches, viruses, or unauthorized access to the site by third parties.

2. Posting Content

When you post content to the site, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Content in the manner contemplated by this Agreement and you are solely responsible for the content. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant us all of the necessary license rights granted herein.

Content includes, but is not limited to: photographs, prints, statements, advertisements, instant messages, graphics, videos, and video chats. When you post content to the site, you grant What Now What Next and its affiliates a non-exclusive, perpetual, worldwide, irrevocable, assignable, fully paid and royalty-free license to use, copy, reproduce, transmit, publish, display, and distribute this content in any and all media or distribution methods without any further consent, notice and/or compensation to you or to any third parties. You represent and warrant that you have the authority to grant us such license, and you represent and warrant that the use of this content will not infringe on the rights of any third party.

You retain copyright and any other rights you already hold in Content which you upload or otherwise submit to the Service. By uploading or otherwise submitting Content, you give us a worldwide, perpetual, royalty-free, and non-exclusive license to use, host, store, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise exploit such Content (in whole or in part) in any manner or media whatsoever, now known or hereafter developed, for any purpose whatsoever, including, without limitation, (i) in connection with our business and (ii) in connection with the business of our successors, subsidiaries, and their related companies.

By submitting Content, you also grant us the right to use your biographical information in connection with the use or publication of your Content.

If your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.

You assume all risks associated with your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us.

You understand that we may (a) transmit or distribute your Content over various public networks and in various media; (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media; and (c) display advertisements in connection with your Content and/or use your Content for advertising and promotional purposes. You agree that the rights and licenses you grant to us in this Agreement shall permit us to take these actions.

We may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials.

3. Intellectual Property

What Now What Next owns all intellectual property and proprietary rights in the contents of What Now What Next.  Unless we grant you written permission, or use information that is in the public domain, you may not use, copy, modify, distribute, transmit or sell any of the proprietary information contained on the site.  The materials contained in this What Now What Next website are the property of What Now What Next, or its subsidiaries. The information and materials on this website may be viewed, downloaded, printed, or copied when the intended use is solely for personal, informational, or non-commercial purposes. At no time can the information viewed, downloaded, printed, or copied from this website be modified without prior written consent from What Now What Next. The use of any such material on any other website or computer environment is prohibited. All marks used herein are the property of What Now What Next, including, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material, and all intellectual property rights to the same, are owned or controlled by us, our licensors, or both. You may not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service, and you may not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting us and providing the following information:

1. Identification of the copyrighted work you believe to be infringed. Please describe the work, and where possible include a copy or the location of an authorized version of the work;
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
3. Your contact information;
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

What Now What Next’s agent for copyright issues relating to this web site may be contacted at info@whatnowwhatnext.com. Legal notices shall be served on you to the email address you have designated on your account. Alternatively, we may give you legal notice by mail to the registration address associated with your account, as identified in your profile. 

4. Log In Through Third Party Sites & Social Networks

What Now What Next may offer the opportunity to login to What Now What Next accounts through third-party social media and other websites with unique login credentials. You agree and understand that What Now What Next  may gain additional personal information from your third-party website profiles Information on your profile will include information and content you provide and/or upload as well as information we collect from your account with social networking sites.

5. Third Party Links

The site may contain links to other websites maintained by third parties. We do not operate, control, or necessarily endorse the content found on third-party websites. You assume sole responsibility for your use of third-party links, websites and services. What Now What Next explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from any What Now What Next website. What Now What Next cannot ensure that the user will be satisfied with any products or services that the user purchases from a third-party site that links to or from any What Now What Next Site or third-party content on our sites. What Now What Next does not endorse any of such merchandise, nor has What Now What Next taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. What Now What Next does not make any representations or warranties as to the security of any information you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. What Now What Next SHALL NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF DATA, REVENUE, PROFIT, OR ANY OTHER USE OR PURPOSE INCURRED BY A SITE USER OR BY A THIRD PARTY AND ARISING FROM THE USE OF INFORMATION CONTAINED IN THIS WEBSITE OR CONTAINED IN A WEBSITE THAT IS HYPER-LINKED FROM THIS SITE.

We use Sharetribe to host our marketplace. You can review their Terms of Use here and their Privacy Policy here. We process payments on our site via PayPal. PayPal’s User Agreement can be accessed here and their Privacy Policy can be found here.

6. DISCLAIMER OF WARRANTIES

The information contained in this website may be out of date and/or may contain other errors or omissions. THE MATERIALS AND INFORMATION IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, What Now What Next DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. What Now What Next DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY What Now What Next SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY What Now What Next SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. What Now What Next DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY What Now What Next SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE USER.

7. NO LIABILITY What Now What Next shall not be held liable under any circumstances for any damages resulting from the use of information or materials contained in this site or contained in any What Now What Next site that is hyperlinked from this site. UNDER NO CIRCUMSTANCES SHALL What Now What Next BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY What Now What Next SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF What Now What Next HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE USER. IN NO EVENT SHALL What Now What Next’s TOTAL LIABILITY TO THE USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY THE USER TO What Now What Next IF ANY, FOR ACCESSING ANY What Now What Next WEBSITE.

8. LOCATION OF ACCESS This Site is controlled by What Now What Next from its offices within the United States of America. What Now What Next makes no representation that any content, information or materials in the site are appropriate or available for use in other jurisdictions. Access to this website content, information or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. What Now What Next is not responsible for any law violations. You may not use or export the information or materials in this site in violation of the export laws and regulations or the United States or any other country.

9. Governing Law These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state court located in New York or relevant federal court as determined by What Now What Next, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

10. ARBITRATION In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be New York, New York. New York law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

11. CALIFORNIA USERS

In compliance with your rights under California Civil Code 1789.3, you have the right to contact What Now What Next with any complaints or to seek additional information. You may email What Now What Next  at info@nownextmedia.com. For any physical documents, you may send mail to Now Next Media, LLC, 230 East 79th Street #8F, New York NY 10021.

If California users have any questions or complaints about What Now What Next, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

12. Privacy Policy

For information about our data protection practices, please read our privacy policy. This policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our privacy policy.

13. Changes to Agreement; Additional Rules & Policies

We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by us. From time to time, we may post on the Service or otherwise notify you of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this Agreement. If you use the Service after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.

14. Release and Indemnification

You, and you alone, are responsible for all of your account activity on our Website. You will be held responsible for all activity connected to your account so please keep your account information confidential and do not share it with others.

You understand that we do not manufacture, store, inspect or otherwise monitor the items sold through our Website. We provide the platform, but the actual goods and services sold are done via the independent sellers so we cannot and do not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item.

You agree to release, indemnify and hold harmless us, our affiliates, directors, users, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys’ fees, with respect to (i) your access, use or misuse of, or reliance upon, the Service, (ii) your actual or alleged violation or breach of this Agreement or rights of another, (iii) Content provided by you or through use of your account, (iv) items sold through our Website, including for defective items, missing items, incomplete items, misrepresentations by Buyers and/or Sellers or items that cause any injury and/or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.

15. Term and Termination

This Agreement is effective until terminated by us or you. Any breach of these Terms will result in immediate termination.

Termination By You.  You may terminate your account, profile, or use of the Website at any Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination or the enforcement of this Agreement for your use of the Website and Services prior to Termination.

Termination By What Now What Next. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. What Now What Next may refuse service to anyone, at any time, for any reason.

If you or we terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. What Now What Next reserves the right to change, suspend or discontinue any of the Services or the Website features at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

16. Severability

If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.

17. No Assignment, Sublicense or Transfer

You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.

18. Entire Agreement

This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. Nothing in this Agreement creates any relationship of agency, partnership, joint venture or employment between you and What Now What Next.   

All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, but not limited to, the rights and licenses you have granted What Now What Next hereunder, indemnities, releases, disclaimers, limitations on liability, payment obligations, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY US TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS AGREEMENT.