terms and conditions
Category: Girlawhirl :
Oct 25, 2005

By using our website you signify your agreement to these Terms and Conditions. Please check these Terms and Conditions periodically for changes as the owner of the site Girlawhirl, Incorporated (“Company) reserves the right to revise and your continued use of this site following the posting of any changes constitutes acceptance of such changes.

 

LICENSE TO USE THIS SITE

Company hereby grants you a non-exclusive, non-transferable limited license to use this site and participate in our programs in accordance with these Terms and Conditions and as permitted via instructions for specific programs. You acknowledge and agree that all content and services available on this site are property of the Company or its advertisers and licensors, or the owners of the products and services referenced on this site and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors, as the case may be. Any products or services listed, mentioned, discussed or published in any manner on this site are acknowledged by Company to be protected by copyrights, trademarks, service marks and any other indicia of ownership, as the case may be, by their rightful owners respectively.

 

LICENSE RESTRICTIONS

You must provide valid information to become a Member. You agree not to make any false or fraudulent statements in your use of or to gain access to this site or during your Membership. You agree not to sell, license, rent, lease, modify, distribute, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works for compensation any materials, code or content on or from this site that is property of Company or that of any advertiser. In addition, use of the content or materials for any purpose not expressly permitted is prohibited.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via this site or any advertiser's site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its licensors.

Accessing this site, and services, products or contents available on this site from places outside the U.S. where their contents are illegal, is prohibited. None of the information on this site may be downloaded, exported or re-exported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries. You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.

 

THIRD PARTY SITES

You may have the opportunity to transfer to online merchants or other third party sites through links or frames from this Site. You must read such other sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of use. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.

 

DISCLAIMER OF WARRANTIES

THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL OF THIS SITE, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THIS SITE, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. MEMBER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, advertiser's sites, offers, gifts, the suitability of the information contained on or received through use of this site, or any services or products received through this site, or any violation of this Agreement.

 

LEGAL COMPLIANCE

Company may suspend or terminate your use of this Site immediately upon receipt of any notice which alleges that you have used this Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, or that may violate hacking or other criminal statutes or regulations. In such event, Company may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and you agree not to bring any action or claim against Company for such disclosure.

 

CHOICE OF LAW AND FORUM

The statues and laws of the State of Connecticut shall apply to any actions or claims arising out of or in relation to these Terms and Conditions or your use of this site, without regard to conflicts of laws principles thereof. You further agree to the exclusive personal jurisdiction and venue of Fairfield County, Connecticut and any legal proceedings shall be conducted in English.

 

MISCELLANEOUS

These Terms and Conditions constitute an agreement between you and the Company, and supersedes any prior or contemporaneous (oral, written or electronic) agreement between us. The agreement shall not be changed except by written agreement signed by an officer of the Company. If any provision of this agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this agreement shall continue in full force and effect and the unenforceable provision shall be amended to best accomplish the objectives of this agreement within the limits of applicable law.

 


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