Her Conversation

You are responsible for your use of the Services and any content you provide, including compliance with applicable laws, including but not limited to the Indian IT Rules, 2021 and international conventions. Content on the Services may be protected by others’ intellectual property rights. We expressly prohibit unauthorized copying, uploading, downloading, or sharing of any content on our website.

Your use of the Services must comply with our Editorial Guidelines. Further, you undertake that any content you provide HerConversation does not violate the intellectual property or privacy of any third party nor does it violate any other limitation as set forth within the IT Act and Rules. HerConversation may review your conduct and content for compliance with these Terms and our Editorial Guidelines and reserves the right to remove any violating content with prior notice.

You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.

To use our Services, you must be at least 13 years old.

As a user of our service, any information you collect of other users (“Personal Information”), you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information, where the term “sell” has the meaning given to it under applicable laws.

For the Personal Information you provide to us, you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that HerConversation’s use of such Personal Information under the purposes for which you provided us the Personal Information will not violate, misappropriate, or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.

HerConversation reserves the right to delete or disable content found to be infringing the intellectual property rights of others in accordance with court or other appropriate authority’s order, and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law; please report such notices using our Copyright Policy.

You retain your rights to any content you submit, post, or display on or through the Services.

Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant HerConversation a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.

HerConversation needs this license because you own your content and HerConversation therefore can not display it across its various surfaces (i.e., mobile, web). At all times, HerConversation will credit your name with any part of your content share and will only display publically available or consented-to information on public domains.

This type of license also is needed to distribute your content across our Services. For example, you post a story on HerConversation. It is reproduced as versions on both our website and app, and distributed to multiple places within HerConversation, such as the homepage or reading lists. A modification might be that we show a snippet of your work (and not the full post) in a preview, with attribution to you. A derivative work might be a list of top authors or quotes on HerConversation that uses portions of your content, again with full attribution. This license applies to our Services only and does not grant us any permissions outside of our Services.

So long as you comply with these Terms, HerConversation gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.

The Services are protected by copyright, trademark, and other Indian and international laws. These Terms do not grant you any right, title, or interest in the Services, other user’s content on the Services, or HerConversation trademarks, logos, or other brand features.

We may stop providing the Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice. You can ask us to delete your account and any other information you provide to us and we shall do so within the legally applicable time.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless HerConversation, and our officers, directors, agents, partners, and employees (individually and collectively, the “HerConversation Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law.

You agree to promptly notify HerConversation Parties of any third-party Claims, cooperate with HerConversation Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the HerConversation Parties will have control of the defense or settlement, at HerConversation’s sole option, of any third-party Claims in so far as it is related to us and is permitted by law.

HerConversation aims to give you great Services but there are some things we can not guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, HerConversation does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. No advice or information obtained from HerConversation or through the Services will create any warranty or representation not expressly made in this paragraph. HerConversation may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations do not allow the disclaimers in this paragraph and so they might not apply to you.

We do not exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud, or intentional misconduct of HerConversation or the other HerConversation Parties in providing the Services. In countries where the following types of exclusions are not allowed, we are responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or the breach of our contract with you. This paragraph does not affect consumer rights that can not be waived or limited by any contract or agreement. In countries where exclusions or limitations of liability are allowed, HerConversation and HerConversation Parties will not be liable for:

• Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if HerConversation or the other HerConversation Parties have been advised of the possibility of such damages.
• Other than for the types of liability we can not limit by law (as described in this section), we limit the total liability of HerConversation and the other HerConversation Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.

We want to address your concerns without needing a formal legal case. Before filing a claim against HerConversation, you agree to contact us and attempt to resolve the claim, by submitting a query with our customer care at https://herconversation.com/contact-us, by sending a prior written notice of your claim by email at info@herconversation.com or by certified mail addressed to HerConversation 11th Floor, ITC 11, Sector 67, Sahibzada Ajit Singh Nagar, Punjab 160062, India. As per IT Rules 2021 (India), we undertake to confirm your query within 24 hours of receipt and resolve the same within 15 days.

Please read the following section carefully in relation to a formal complaint lodged by either of the parties subsequent to the failure of amicable grievance redressal.

• No Representative Actions. You and HerConversation agree that any dispute arising out of or related to these Terms or our Services is subject directly to you and HerConversation and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
• Arbitration of Disputes. Except for small claims disputes in which you or HerConversation seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or HerConversation seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, both parties undertake to settle disputes mediation and arbitration in the first instance. The same will be subject to the Indian Arbitration and Conciliation Act, 1996 which will agree with international conventions and guidelines where relevant. The sole arbitrator will be appointed as per mutual agreement or decree of a court magistrate.

These Terms and any dispute that arises between you and HerConversation will be governed by Indian laws except for its conflict of law principles. Since our primary headquarters are in India, all claims will be subject to Indian jurisdiction, except in case of overriding consumer rights under various local laws.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

HerConversation’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and other terms and policies listed in the website, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

HerConversation usernames and publication slugs are claimed on a first-come, first-served basis. A username or publication slug can only be attached to one account or publication at a time. A publication slug is defined as the text after the HerConversation.com domain. For example, for HerConversation.com/HerConversation-blog, “HerConversation-blog” is the slug.

We encourage you to remain active with your HerConversation account and publication. Account usernames or publication slugs may be reclaimed after 6 months of inactivity. We do not accept requests for inactive accounts unless you own a registered trademark for it.

Username, publication name, and publication slug trademark violations may involve using a trademarked logo, business, or product name in a way likely to confuse people. For more information, read our Trademark Policy.

We do not allow deceptive conduct on HerConversation. This includes creating an account, username, or publication that posts content or impersonates a person or organization in a way likely to deceive people. On discovery of such instances or receiving actual knowledge, we reserve the right to suspend your account pending investigation and verification.

HerConversation allows parody and fan accounts. Those accounts must be marked as such, and need to adhere to the following guidelines:

The bio must directly state that the account is not affiliated with the targeted subject and should contain a disclaiming word such as “parody,” “fake,” “not,” “false,” or “fan.” For example, if you are parodying John Smith, your username can not be @johnsmith.

Failure to adhere to these guidelines may result in suspension or removal of the HerConversation account.