| |
BADGIRLSWIRL TERMS OF SERVICE
Welcome to Badgirlswirl.com. Were so glad youve
decided to surrender to the swirl. Before you dive in headfirst
however, we ask that you review these terribly boring Terms of Service
("Terms" or the "Agreement"). These Terms are
an agreement between you and Badgirlswirl.com, Inc. It is important
that you understand both the benefits we provide as well as our
limitations. (Note to Self: Only admit that you have "limitations"
when required by law.)
1. Acceptance of Terms.
When you complete the member registration process,
you agree to these Terms. These Terms may be updated from time to
time. Your continued use of our services signifies your acceptance
of the changes. These Terms will always be available to users on
this page for you to read.
Also, when using free services offered through Badgirlswirl.com's
third-party service providers, such as email, you will be subject
to terms posted by these third-party service providers. Registration
for Badgirlswirl.com signifies your agreement to those additional
terms.
2. Age Restriction.
Badgirlswirl.com is not directed to children under
the age of 13. Badgirlswirl.com prohibits registration by and will
not knowingly collect personally identifiable information from anyone
under 13. This requirement will be posted at points of data collection
within the site.
Note to Parents. If you have any concerns about
Badgirlswirl.com or its related services, please contact us at comments@Badgirlswirl.com.
3. About our Services
A). Badgirlswirl.com Services. As a commitment
to our users, we currently provide you with access to several
very cool online resources. These include various communication
tools, online forums, personalized content and branded programming
through Badgirlswirl.com's web site-based "Service." The services
offered on Badgirlswirl.com are presently provided free of charge.
It is possible that this could change in the future.
B). Service Limitations. We will do our
best to make your experience with Badgirlswirl.com a pleasurable
one. However, we cannot always foresee or anticipate technical
or other difficulties. These difficulties may result in loss
of data, personalization settings or other service interruptions.
For this reason, you agree that Badgirlswirl.com's services,
including the services of our third party service providers,
are provided "AS IS." Badgirlswirl.com and our third party service
providers cannot assume responsibility for the timeliness, deletion,
miss-delivery or failure to store any user data, communications
or personalization settings.
C). Service Changes and Discontinuation.
Badgirlswirl.com reserves the right to change or discontinue,
temporarily or permanently, the Service at any time without
notice. You agree that Badgirlswirl.com will not be liable to
You or any third party for any modification or discontinuance
of the Service.
D). Privacy Policy. Badgirlswirl.com respects
your privacy and has developed a detailed Privacy Policy that
is incorporated into this Agreement. Please take the time to
read our Privacy Policy. By
agreeing to these Terms, you are also accepting the terms of
our Privacy Policy.
4. "Baddie By-Laws "
For the benefit of all bad girls in the Badgirlswirl.com
community, and to comply with those pesky applicable laws, we have
a few mandatory guidelines that we call "Baddie By-Laws." We hope
you will find them reasonable. Please understand that any conduct
that violates the Baddie By-Laws is grounds for termination of your
account. For this reason, we ask that you carefully read and follow
them.
A). Provide Accurate Information. You agree
to provide true, accurate, current, and complete information
about yourself as requested in the Badgirlswirl.com registration
forms (we call this information "Registration Data"). Accurate
records help us better the site and provide us with opportunities
to identify new services or products that may interest you.
Please update the Registration Data to keep it current and accurate.
B). Guard Your Password. You will receive
a password and account designation upon completing the registration
process. You are responsible for maintaining the confidentiality
of your password and account. And you are fully responsible
for all activities that occur using your password or account.
Please notify Badgirlswirl.com immediately of any unauthorized
use of your password or account or any other breach of security.
C). Obey the Law. You agree not to use
the service for illegal purposes or for the transmission of
material that is unlawful, harassing, libelous (untrue and damaging
to others), invasive of another's privacy, abusive, threatening,
or obscene, or that infringes the copyrights (rights of an owner
of written material) or other intellectual property of others.
D). Use E-mail Responsibly. Badgirlswirl.com
presently provides its members with access to free email. In
return for this free access, you agree not to use the service
to broadcast "junk mail," "spam," "chain letters," or unsolicited
mass distribution of files or images. In order to ensure that
this communication service is not abused, Badgirlswirl.com may
establish general practices and limits concerning their use.
These may include but are not necessarily limited to a maximum
number of days that messages will be retained by the service,
a maximum number of messages that may be sent from or received
by an account on the service, a maximum size or length of any
message that may be sent from or received by an account on the
service, a maximum amount of disk space that will be allotted
for your stored messages, and a maximum time period and number
of times you may have access to the service in a given time
frame. If you receive email that you find harassing, please
forward the email to us at comments@Badgirlswirl.com
with a description of the situation.
E). Content Restrictions. Badgirlswirl.com
provides content for your personal, non-commercial use. All
Web site design, text, graphics, the selection and arrangement
thereof, and all software that are part of Badgirlswirl.com
are protected by international copyright laws. The publication,
sale, or redistribution in any form or medium of text, photos,
graphics, audio and/or video materials or any other form of
proprietary content found on Badgirlswirl.com is strictly prohibited
without the prior written permission of Badgirlswirl.com. Content
that is publicly available on Badgirlswirl.com may not be stored
in a computer, except for personal and non-commercial use.
F). Limits On Uses of User Information.
By using Badgirlswirl.com you agree not to data scrape, copy,
aggregate, redistribute, alter, reproduce or re-use for commercial
purposes any user's (whether specific to any particular user
or as an aggregation of users' information) information accessible
through any web sites or networks owned by Badgirlswirl.com.
"Commercial purposes" can include but is not limited to selling
information to third parties; using the data collected to customize
users' experiences at a site or network outside of Badgirlswirl.com;
using the data for targeted marketing campaigns not affiliated
with Badgirlswirl.com; or using the data to offer services to
Badgirlswirl.com users. Badgirlswirl.com reserves the right
to take immediate action against any individual or entity participating
in any of the prohibited actions mentioned above.
G). Consolidated Sites. Badgirlswirl.com
users should exercise caution when using consolidation sites.
Consolidation sites are Internet sites that offer the ability
to collect all of your personal information on one site. For
example, you may be encouraged to provide consolidation site
operators access to your Badgirlswirl.com accounts or membership
information so that the information can be used to design customized
search engines, web pages or advertising for you. All transactions
initiated through a consolidation site using access information
you provide are considered to be authorized by you, whether
or not you were aware of the specific transaction. Badgirlswirl.com
is therefore not responsible if the security, accuracy or quality
of your information is compromised by a consolidation site you
have authorized to access your data.
5. Rights You Grant to Badgirlswirl.com
A). Distributing Content You Produce. Subject
to Badgirlswirl.com's Privacy Policy, you are licensing to Badgirlswirl.com
and our third party service providers any "content" you
provide through or to Badgirlswirl.com and the service they
offer. Badgirlswirl.com may modify, display, distribute and
create new material using such content on Badgirlswirl.com for
the promotion and marketing of our services and the operation
of our system. Notwithstanding this license, Badgirlswirl.com
will take reasonable precautions to help you to keep your email
messages private. By submitting content, you automatically agree,
or promise, that the owner of such content has expressly agreed
that, without any particular time limit, and without the payment
of any fees, Badgirlswirl.com and anyone they permit may reproduce,
display, distribute and create new works of authorship based
on and including the content. You may not submit materials that
have been trademarked or copyrighted by anyone other than yourself.
B). Badgirlswirl.com Advertising. In the
future, Badgirlswirl.com may rely on advertisers to help fund
the services that we offer to our members. In order to continue
our free service, you agree that Badgirlswirl.com may display
advertisements and promotions of all kinds in and with the services.
C). Account Access. In order to ensure
that Badgirlswirl.com is able to provide high-quality services
that are responsive to members' needs, you agree that Badgirlswirl.com
employees have access to your account and records as reasonably
needed to investigate complaints.
6. Other Legal Stuff
A). Disclaimer of Warranties. You expressly
understand and agree that:
Your use of the service is at your sole risk.
The service is provided on an "AS IS" and "AS AVAILABLE" basis.
Badgirlswirl.com and its third party service providers expressly
disclaim all warranties of any kind, whether express or implied,
including, but not limited to, the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
Badgirlswirl.com makes no warranty that (i) the
Service will meet your requirements, (ii) the Service will be
uninterrupted, timely, secure, or error-free, (iii) the results
that may be obtained from the use of the service will be accurate
or reliable, (iv) the quality of any products, services, information,
or other material purchased or obtained by you through the service
will meet your expectations, (v) that your email messages will
not be lost, and (vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained
through the use of the Service is done at your own discretion
and risk, and you will be solely responsible for any potential
damage to your computer system or loss of data that results
from the download of any such material. No advice or information,
whether oral or written, obtained by you from Badgirlswirl.com,
our third party service providers, or through or from the Service
will create any warranty not expressly stated in the terms.
Some jurisdictions do not allow the exclusion
of certain warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly, some of
the above limitations may not apply to you.
To the extent that any part of this section is
not consistent with any other part of these terms, then this
Disclaimer of Warranties will override it.
B). No Endorsement of Member Content. You
acknowledge and agree that Badgirlswirl.com does not endorse
the content of any member and is not responsible or liable for
any content, even though it could be unlawful, harassing, libelous,
privacy invading, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable, or that it infringes or may infringe
the intellectual property or other rights of another. You acknowledge
that Badgirlswirl.com does not pre-screen all content, but that
Badgirlswirl.com and their designees will have the right (but
not the obligation) in their sole discretion to refuse, edit,
move or remove any content that is publicly available via the
service.
C). Limitation of Liability. You agree
that Badgirlswirl.com will not be liable for any harms, which
lawyers and courts often call direct, indirect, incidental,
special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if Badgirlswirl.com has been
advised of the possibility of such damages), resulting from:
(i) The use or the inability to use the service; (ii) The cost
of getting substitute goods and services resulting from any
products, data, information or services purchased or obtained
or messages received or transactions entered into through or
from the service; (iii) Unauthorized access to or alteration
of your transmissions or data; (iv) Statements or conduct of
anyone on the service; or (v) Any other matter relating to the
service.
D). Indemnification. You agree to protect
and fully compensate Badgirlswirl.com and their service providers
from any and all third-party claims, liability, damages, expenses
and costs (including, but not limited to, reasonable attorneys
fees) arising from your use of the services, your violation
of the terms or your infringement, or infringement by any other
user of your account, of any intellectual property or other
right of anyone.
E). More Stuff.
Badgirlswirl.com provides information of a general
nature and is designed for entertainment purposes only and is
not meant to be a substitute for medical, health, legal, or
financial advice from a professional. Consult with your professional
for any specific medical, health, legal, or financial concern.
Badgirlswirl.com does not endorse any of the treatments, medications,
or products discussed herein.
Badgirlswirl.coms rights under this Agreement
may not be waived unless Badgirlswirl.com agrees to such change
in writing. This Agreement is personal to you and you may assign
this agreement only with Badgirlswirl.com's prior written approval.
Any other attempt to assign, transfer or delegate this Agreement
shall be null and void.
All matters relating to your access to, or use
of, the Service shall be governed by U.S. federal law or the
laws of the State of California, excluding that body of laws
known as conflicts of laws. If any provision of this Agreement
is invalid or unenforceable under applicable law, it is, to
that extent, deemed omitted and the remaining provisions will
continue in full force and effect. Any notices related to this
agreement need to be given in writing to one another at our
address below, or any new address that is given in such a notice.
This agreement is the entire understanding between you and Badgirlswirl.com
about the services.
The parties have agreed that this Agreement shall
be written in English.
Direct Questions or Notices to:
Badgirlswirl.com, Inc.
Attn: User Agreement Mail
590 York Street, Suite 4
San Francisco, CA 94110
Or comments@Badgirlswirl.com
|
|
|