Terms of Service
Effective Date: November 2, 2018
This website is operated by Freegirl LLC d/b/a Freegirl Skin Care (“Freegirl”). Throughout the site, the terms “we”, “us” and “our” refer to Freegirl. Freegirl offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read the following Terms of Service (“Terms” or “Terms of Service”) before you use our website since, by using our website and/or making a purchase from this site, you are agreeing to be bound by these Terms. You also agree to be bound by any additional terms and conditions referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
USE OF WEBSITE
You represent that by using this Site, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and are legally able to enter into a contract. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
All billing information provided to Freegirl must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. If any purchases are made through this website, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Freegirl or its suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display, or performance, of any of the Contents on this Site is strictly prohibited.
ACCOUNT REGISTRATION AND USER ACCOUNTS
In order to use certain features of the website and Services, you must register with the site by creating a User Account and becoming a Member of the site. To do this, you must provide us with certain information, including but not limited to, your First and Last Name, E-mail Address, and select a Password. You agree to not let anyone else use your user account. When creating your account on the website, you represent that all information given is accurate and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Freegirl immediately of any breach of security or unauthorized use of your account. Freegirl will not be liable for any losses caused by any unauthorized use of your account.
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the site and Services, you hereby grant to Freegirl a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the site and Services. Freegirl does not claim any ownership rights in any such Member Content and and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You are solely responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the website and/or the Services. You may not upload, post or otherwise make available on the website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any content that you provide or make. You have full responsibility for all content you create and submit, including its legality, reliability and appropriateness.
You understand that by uploading any Member Content, you give Freegirl the right to use your image and likeness and/or any statements in its publications, advertising, or other media activities, including the Internet and social media platforms, without expectation of compensation or other remuneration. The consent includes, but is not limited to, (a) images and/or videos contributed by you and uploaded to the site; (b) permission to use your name or a pseudonym; and (c) permission to use quotes from your statements (or excerpts, or edited versions of such quotes), the film, photograph(s), tape(s) or reproductions of you, in part or in whole, in our publications, all types of electronic and digital media.
You agree to waive any right to royalties or other compensation arising or relating to the use of your Member Content.
Freegirl may modify or adapt your Member Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to your Member Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Member Content posted by you to or through the website.
You agree that Freegirl has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Freegirl will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Freegirl on this Site and other than generally available third party web browsers.
The website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content, and all Intellectual Property Rights related thereto, are the exclusive property of Freegirl and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website.
Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by Freegirl in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Freegirl infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Freegirl a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to email@example.com. Subject: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.
You agree to indemnify and hold harmless Freegirl and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from or relating to: (I) any third-party claim, suit, action or proceeding arising out of the breach of Freegirl’s representations and warranties contained herein; (ii) your use and access to any of Freegirl’s services, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement; or (iv) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FREEGIRL OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FREEGIRL WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FREEGIRL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FREEGIRL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
These Terms shall be governed by and construed under Colorado law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms or your use of this Site must be brought in the state or federal courts of Colorado in the county of Chaffee and you consent to the exclusive personal jurisdiction of such courts.
NOTICE REGARDING MEDICAL ADVICE
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
These Terms represent the complete agreement between the parties and supersede all prior agreements and representations between them.
Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect.
The failure of Freegirl to act with respect to a breach of these Terms does not constitute a waiver and shall not limit Freegirl’s rights with respect to such breach or any subsequent breaches.
Freegirl may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Freegirl in its sole discretion. Freegirl reserves the right to determine the form and means of providing notifications to our customers. Freegirl is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to firstname.lastname@example.org.