Terms
GirltoGirlTalk, Inc.
Terms of Use Agreement
This Agreement was last revised on July 1, 2008.
Welcome to GirltoGirlTalk.com, the website and online service of GirltoGirlTalk, Inc. (“GirltoGirlTalk” “we,” or “us”). This page explains the terms by which you may use our service. By accessing or using the GirltoGirlTalk services, website and software provided through or in connection with the service (“Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
1. Use of Our Service
GirltoGirlTalk.com provides a place to get advice and discover and explore advice other girls have received about boys and dating, makeup and beauty advice, family, friends and more.
You do not have to register in order to visit GirltoGirlTalk.com. To access certain features of the Service, though, such as asking your own questions or receiving a newsletter, you will need to register with GirltoGirlTalk and sign up as a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GirltoGirlTalk immediately of any breach of security or unauthorized use of your account. Although GirltoGirlTalk will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of GirltoGirlTalk or others due to such unauthorized use.
By providing GirltoGirlTalk your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Subject to the terms and conditions of this agreement, GirltoGirlTalk grants you permission to use the Service for your personal, non-commercial purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the GirltoGirlTalk servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names, from the Service; (vii) using the Service for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Service; or, (x) bypassing the measures we may use to prevent or restrict access to the Service. GirltoGirlTalk may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in GirltoGirlTalks’ sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other GirltoGirlTalk.com Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. GirltoGirlTalk shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. User Content
Some areas of the Service may allow Users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. GirltoGirlTalk reserves the right, but is not obligated, to reject and/or remove any User Content that GirltoGirlTalk believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
GirltoGirlTalk takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. GirltoGirlTalk is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that GirltoGirlTalk shall not be liable for any damages you allege to incur as a result of such User Content.
YOU UNDERSTAND AND AGREE THAT GIRLTOGIRLTALK HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE IN WHOLE OR IN PART ANY CONTENT RELATED TO THE GIRLTOGIRLTALK SERVICE, INCLUDING WITHOUT LIMITATION DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON GIRLTOGIRLTALK’ SERVERS, AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
3. License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to GirltoGirlTalk a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. GirltoGirlTalk reserves all rights not expressly granted herein in the Service and the GirltoGirlTalk Content (as defined below). GirltoGirlTalk may terminate this license at any time for any reason or no reason.
4. Our Proprietary Rights
Except for your User Content, the Service and all materials 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 (the “GirltoGirlTalk Content”), and all Intellectual Property Rights related thereto, are the exclusive property of GirltoGirlTalk 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 Service. Use of the GirltoGirlTalk Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place GirltoGirlTalk under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, GirltoGirlTalk does not waive any rights to use similar or related ideas previously known to GirltoGirlTalk, or developed by its employees, or obtained from sources other than you.
5. Eligibility
This Service is intended solely for Users who are twelve (12) years of age or older, and any registration, use or access to the Service by anyone under 12 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
6. Privacy
We care about the privacy of our Users. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
7. Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
