Girlgaze (“our”, “we”, and/or “us”), welcomes you to this Site. We hope you will enjoy and benefit by our Site.
These Terms of Service will remain in full force and effect while you use the Site and/or are a Subscriber. You may terminate your subscription at any time for any reason by following the instructions on the Cancel Account page in Account Settings. We may terminate your subscription for any reason at any time. Even after your subscription is terminated, these Terms of Service will remain in effect as to all activity on the Site and all use of the Services by you prior to termination. .
Use of Content and Proprietary Notices
Certain content of this Site, including, but not limited to text, design, photographic images, video clips, illustrations, artwork, articles, reference information, menus and all other protectable elements of this Site, which is not “Subscriber Content” as defined below (collectively, the “Girlgaze Content”), remains the sole and exclusive property of us or the authors, as applicable, including all copyright, trademarks and all other proprietary rights. You agree not to download, photograph, duplicate, or otherwise extract any of Girlgaze Content for any purpose other than for your own personal noncommercial use, unless otherwise authorized by us in writing. You also agree not to sell or modify Girlgaze Content, display, publicly perform, distribute or otherwise use any of Girlgaze Content, in whole or in part, for any public or commercial purposes without our prior written consent.
All trademarks and service marks, including, but not limited to characters, artwork, logos, identified on this Site other than Subscriber Content are owned or licensed by us, unless otherwise indicated on this Site. You agree not to remove, modify, use or otherwise exploit any of our trademarks or service marks or any Girlgaze Content without our prior written consent. Girlgaze Content may be updated and otherwise modified by us without notice. You agree to use this Site for your own personal use. Neither we, nor any owners, administrators, contributors, website users and authors are responsible for any liability arising from your use of or reliance on Girlgaze Content or Subscriber Content.
Content Posted by You to the Service and the Site
By publishing, displaying or uploading (collectively, “Posting” or to “Post”) any text, links, photos, video, design, illustrations, artwork, articles, messages or other data or information (collectively, “Subscriber Content”) on or to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, nonexclusive, fully-paid, royalty-free and worldwide license to use, copy, perform, display and distribute such Subscriber Content and to prepare derivative works of, or incorporate into other works, such Subscriber Content and to grant and authorize sublicenses of the foregoing. Notwithstanding this license, you are and remain solely responsible for the Subscriber Content that you Post on the Site or the Service or transmit to others.
You also understand and agree that if and when you decide to Post any Subscriber Content to or through this Site:
(a) You represent and warrant that the Subscriber Content and the Posting are not in breach any of these Terms of Service do not violate any law, judicial or governmental order, or contract or license by which you are bound and otherwise are in compliance with all applicable law and regulation ;
(b) You represent and warrant that you created and own all rights to and/or otherwise are authorized to Post the Subscriber Content to or through this Site for all of the purposes set forth in these Terms of Service including the grant of the license set forth above and that none of the Subscriber Content infringes on or otherwise violates the rights of any third party;
(d) We may modify, alter, delete, remove or otherwise not display or post such Subscriber Content at our sole discretion.
You agree not to Post, submit to us or transfer through this Site any materials, including, but not limited to, any Subscriber Content, that (a) infringe any copyright or other proprietary rights of any other party, (b) contain any defamatory or libelous statements, (c) invade any person’s privacy, (d) harass or threaten the safety of any person, (e) are racially, culturally, or ethnically offensive or hateful, (f) display pornographic or sexually explicit material of any kind, (g) includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18, (h) violates these Terms of Service, (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses, (j) solicits passwords or personally-identifying information for commercial or unlawful purposes from other Subscribers, or (k) otherwise violates any federal, state, local or foreign laws or regulations.
You further agree not to or permit any other person to:
(a) transmit, distribute or upload programs or materials that contain malicious code, including, but not limited to viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;
(b) send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called “spamming” or “phishing”;
(c) disrupt, impair, alter or otherwise interfere with the functions, features, Girlgaze Content, Subscriber Content or use of this Site;
(d) violate any laws, regulations, legal process, judicial or governmental orders, or treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
(e) gain unauthorized access to this Site;
(f) copy, transfer or use any Girlgaze content or any names, photos, links, text, data or other content belonging to or posted by us or other Subscribers for the purpose of selling, engaging in, marketing or promoting any product or service; and/or
(g) improperly display any TCP/IP packet header or part of the header information in any email or other postings.
Even though all of the above materials and activities are strictly prohibited, there is always the possibility that you may become exposed to them while using the Site or the Service. If so, neither we nor any of our officers, directors, employees, members, managers, affiliates, clients, customers, vendors or other Subscribers will in any way be responsible for any damages incurred or suffered by you or any other party or caused by any party arising out of or related to any such exposure.
You are solely responsible for your interactions with other Subscribers. We reserve the right, although we have no obligation, to monitor disputes between you and other Subscribers and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of these Terms of Service, including termination of the subscription of one or more Subscribers.
Copyright Infringement Notification and Procedure
If you believe that this Site contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures. All notifications of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Note that the Designated Agent may change from time to time, so you should check these Terms of Service before sending any notification to us. Written notification must be submitted by email, fax or mail to the following Designated Agent:
1401 McCollum Street
Los Angeles, CA 90024
Attn: Amanda de Cadenet
In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(a) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);
(b) Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;
(c) A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted;
(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(e) Your name, address, telephone number, and e-mail address;
(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All privacy-related provisions on this Site can be found in the Girlgaze Privacy.
Hyperlinks to Other Websites
It is prohibited to insert a hyperlink to this Website without prior written authorization from Girlgaze. Girlgaze shall under no circumstances be held liable for providing access to websites via hyperlinks on the present Website and shall not be held liable for the contents, products, services, or anything else available on said websites or via said websites. You understand and agree that any hyperlinks to other websites that are suggested or identified in this Site are provided to you for convenience purposes only and that we do not make any representations or warranties regarding such websites, or the products or services offered through such websites. We do not endorse, verify or otherwise have any responsibility for any such websites, their business practices, or any goods or services associated with such websites. We reserve the right in our sole discretion and without notice to: (i) terminate any and all links to this Site from any third-party site, (ii) terminate any and all links from this Site to any third party site and/or (iii) terminate any third party materials made available or accessible via this Site and remove any online posting thereof.
THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY WARRANTY OF NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SUBSCRIBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE RESULTING FROM OR ARISING OUT OF ANYONE’S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO SUBSCRIBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG SUBSCRIBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
Without limiting the foregoing, we are not responsible for any malicious code, delays, inaccuracies, errors, or omissions arising out of or resulting from your access and use of this Site. You (and not Girlgaze) assume the entire cost of all necessary servicing, repair or correction.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, GIRLGAZE, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify and hold us harmless from and against any and all claims, liabilities and damages (including, but not limited to reasonable attorneys’ fees and legal costs) arising out of or relating to: (a) your use of the Site or the Service (including the Posting by you of any Subscriber Content on the Site) in violation of these Terms of Service, or (b) your breach of these Terms of Service.
These Terms of Service and your use of this Site are governed by the laws of the State of California without giving effect to any choice of law or conflict provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. Any and all disputes, claims or actions arising out of these Terms of Service or your use of this Site or the Service will be exclusively heard in the state or federal courts located in Los Angeles County, California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts.
You may not use or export or re-export Girlgaze or Subscriber Content at or on this Site or any copy or adaptation thereof in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.
© Copyright 2019 Girlgaze, Inc. All rights reserved.