 |
 |
|
|
(Effective Date: As of August 28, 2006)
1. Acceptance of Terms of Service
The gURL.com website (referred to herein as, the "gURL community", "Site" or "gURL.com") is owned and operated by iVillage, Inc. ("iVillage"). gURL.com is provided free of charge to you (unless otherwise indicated) by iVillage. Although portions of gURL.com may be viewed simply by visiting the website, you will need to register as a gURL.com member if you wish to participate in shout out boards, seek advice, contribute poetry or artwork, access special games, create a profile, and use certain other features made available through gURL.com. If you use the gURL.com website and/or register to become a gURL.com member, these Terms of Service will govern your use of the gURL.com website, and all content, services, products, and features provided in connection with gURL.com. BY USING THE SITE AND ITS FEATURES, AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "ONWARD!" OR OTHER APPLICABLE SUBMIT. OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. iVillage shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter gURL.com. Please note that other websites owned, controlled or operated by iVillage or its affiliates-websites such as iVillage.com and astrology.com among others - may be governed by a different terms of service; please see the terms of service linked to /from the home page of any such site for more information.
iVillage may modify the Terms of Service from time to time in its sole discretion. The Terms of Service will be available through links placed throughout gURL.com and gURL community.- Please check the TOS from time to time before accessing gURL.com features to determine whether a change has been made to these Terms of Service. You can tell when we last updated the Terms of Service by checking the "Effective Date" of the most recent version of the Terms of Service. This will allow you to determine whether the terms of service has been revised since your previous visit to the gURL.com site. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to cancel your gURL.com membership immediately by: (i) notifying iVillage that you are canceling your membership (to cancel your membership, email support@gurl.com) and (ii) discontinuing your use of gURL.com. Your continued use of gURL.com following any changes to these Terms of Service will signify your acceptance of any such changes.
From time to time iVillage may supplement these Terms of Service with additional terms pertaining to specific content, services, products and features ("Additional Terms"), which Additional Terms may be placed on gURL.com to be viewed in connection with the specific content, services, products or features and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of gURL.com, including but not limited to any content, services, products, or features made available on or through gURL.com is hereby expressly prohibited.
2. Registration Information/Privacy Policy
When you sign up to become a gURL.com member, you will be required to provide the following information: your first name, e-mail address, zip code, country, birth date, nickname and password.
Any information provided by you or gathered by iVillage or third parties during any visit to gURL.com will be subject to the terms of gURL.com's Privacy Policy, which are incorporated herein by reference. Click here if you wish to read gURL.com's Privacy Policy. iVillage reserves the right to offer services and products (from either iVillage or third parties) to you based on any preferences that you identify from time to time, and in accordance with the terms of the gURL.com Privacy Policy.
iVillage reserves the right to remove you from the gURL community or to suspend or terminate your access to any specific content, services, products or features if iVillage learns that you have provided false or misleading registration information.
3. Access by Minors
gURL.com is intended for site visitors aged 13 and up. Please read our Note to Parents for further information concerning gURL.com. iVillage does not encourage, solicit or permit visitors who are known to be under the age of 13 to become a member of or visit gURL.com. If you or your child is younger than the age of 13, other sites may be more appropriate for you or your child. BY REGISTERING AS A MEMBER OR VISITING GURL.COM, YOU REPRESENT TO IVILLAGE THAT YOU ARE 13 YEARS OF AGE OR OLDER.
4. Parental Control Protections
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation (http://www.eff/org/pub/
Censorship/Ratings_filters_labelling/) and of America Links Up (http://www.netparents.org/
parentstips/browsers.html).
5. Suspension/Termination
iVillage reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service, and/or (ii) your gURL.com membership and/or any other content, services, products and/or features provided to you by iVillage.
6. Modifications of gURL.com
iVillage may modify or discontinue gURL.com, or any portion thereof or any content, services, products or features related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
7. Community Rules
There are rules that you must follow when you visit gURL.com. Please take time to read and understand these gURL community rules. While we seek to monitor the gURL community, we cannot discover everything that occurs in the gURL community. Please help us by reporting to us any inappropriate conduct by other gURL community members.
iVillage reserves the right to terminate your membership and/or remove you from gURL.com and gURL.com community as described in Section 18 below if it becomes aware and determines, in its sole discretion, that you are violating any of the following gURL community rules. In addition to the community rules linked form above, the following rules apply wherever you are located on gURL.com :
§ The gURL community is intended for your personal use only. Commercial uses of gURL.com are strictly prohibited unless prior written consent from iVillage has been granted. You agree that you will not use gURL.com for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
§ Do not post on shout out boards or any other place on gURL.com, or send any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a of gURL.com as determined by iVillage in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on gURL.com. iVillage reserves the right to delete any such material from gURL.com. iVillage will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons violating or suspected of violating the Terms of Service.
§ Do not impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of iVillage.
§ We do not allow pornographic, racist, hateful or otherwise inappropriate usernames. We reserve the right to determine what is considered an inappropriate username.
§ Do not post or use gURL.com to distribute, send or link to any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
§ Comply with all applicable local, state, federal or international laws or regulations in your use of gURL.com, and any content, features, products and/or services made available through gURL.com.
8. Rights in Content
You acknowledge that: (i) iVillage permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"), (ii) these Rights are valid and protected in all media and technologies existing now or later developed, and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may access, display, view, store and reproduce content made available on gURL.com strictly for your personal use. You may not post to the gURL community, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any iVillage or third party Rights except as set forth above. The burden of determining that any information, software, images or any other content on the gURL.com is not protected by Rights rests with you. You acknowledge that iVillage may acquire Rights to use any posted materials as described below, and that you will not acquire any Rights simply by downloading iVillage or third party content made available on gURL.com.
By submitting content to gURL.com, including poetry, artwork and other creative works submitted by you, and information provided in connection with your use of shout out boards, requests for advice, games, quizzes, contests and other features or services, you grant iVillage a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content, with the right to sublicense the above rights through multiple tiers of sublicensees. If you are not the creator of such content, you also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any registered gURL.com member to access, display, view, store and reproduce such content for personal use.
9. Rules for Sweepstakes, Contests and Games.
Any sweepstakes, contests or games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity.
10. Third-Party Services
As described in the shopping areas of the gURL community, you may order services or merchandise through gURL.com from third parties not affiliated with gURL.com ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. iVillage makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider iVillage nor will iVillage be construed as a party to such transactions, whether or not iVillage may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
iVillage may include special routing icons which may be located within the gURL community, the activation of which will allow you to access and learn more about iVillage and other services provided by iVillage whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
11. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify iVillage of any unauthorized use of your password.
12. Notification of Possible Copyright Infringement
In the event you believe that material or content published on gURL.com may infringe on your copyright or that of another, please follow the procedures outlined in our Copyright Info.
13. Disclaimer of Warranties
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF GURL.COM, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, FEATURES, AND TOOLS USED AND/OR PRODUCTS OR SERVICES PURCHASED THROUGH GURL.COM, IS AT YOUR SOLE RISK. GURL.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IVILLAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
IVILLAGE MAKES NO WARRANTY THAT GURL.COM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO OR USE OF GURL.COM, INCLUDING BUT NOT LIMITED TO, YOUR TRANSMISSION OF MESSAGES THROUGH MESSAGING TOOLS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT THE SERVERS ON WHICH GURL.COM. IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES IVILLAGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GURL.COM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IVILLAGE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF GURL.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GURL.COM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT IVILLAGE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED BY IVILLAGE OR OTHER GURL.COM MEMBERS IN CONNECTION WITH GURL.COM. IVILLAGE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER IVILLAGE, GURL.COM NOR GURL.COM'S MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE GURL COMMUNITY, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. IVILLAGE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
IVILLAGE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON GURL.COM, ITS CONTENT, SERVICES, PRODUCTS OR FEATURES. YOUR PARTICIPATION IN THE GURL COMMUNITY IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IVILLAGE OR THROUGH GURL.COM, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IVILLAGE MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, PRODUCTS, FEATURES, EVENTS, CONTENT OR TOOLS USED OR PRODUCTS OR SERVICES PURCHASED OR OBTAINED, THROUGH GURL.COM OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH GURL.COM.
IF IVILLAGE AND/OR THIRD PARTIES SEND E-MAIL MESSAGES TO YOU CONTAINING ADVERTISEMENTS AND PROMOTIONS, ETC., IVILLAGE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT OF ANY SUCH E-MAIL MESSAGES OR ANY GOODS OR SERVICES WHICH MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT NEITHER IVILLAGE NOR SUCH THIRD PARTY SHALL HAVE ANY LIABILITY WITH RESPECT THERETO. BY PERMITTING ADVERTISING ON GURL.COM, IVILLAGE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENTS, AND IVILLAGE SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO SUCH ADVERTISEMENTS.
IVILLAGE IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE GURL.COM. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH IVILLAGE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST IVILLAGE WITH RESPECT TO SUCH SITES.
14. Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IVILLAGE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE GURL COMMUNITY OR THE GURL.COM WEBSITE, OR RESULTING FROM ANY PRODUCTS, SERVICES, FEATURES, EVENTS, AND/OR CONTENT USED, PURCHASED OR OBTAINED, OR MESSAGES SENT OR RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH GURL.COM, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF IVILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [IF SUCH LIMITATIONS DO NOT APPLY TO YOU, IN NO EVENT WILL IVILLAGE'S LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF SERVICE EXCEED THE AMOUNT YOU HAVE PAID IVILLAGE TO ACCESS THE GURL.COM SITE OR TO USE SPECIFIC CONTENT, PRODUCTS, SERVICES OR FEATURES MADE AVAILABLE BY IVILLAGE ON GURL.COM.]
15. Storage of Email Messages
iVillage assumes no responsibility for the deletion of or failure to store email messages.
16. Indemnification
You agree to indemnify and hold each of iVillage, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claims, demands, damages, losses, costs including reasonable attorneys' fees, or other expenses due to or arising directly or indirectly out of your use of gURL.com, the violation of these Terms of Service by you, or the infringement or violation by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
17. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or accessing gURL.com, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the County of New York in the State of New York.
18. Remedies for Breach of These Terms by You
In the event that iVillage determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for gURL.com, iVillage reserves the right to (i) warn you via email (to any email address you have provided to iVillage) that you have violated these Terms of Service; (ii) delete any or all content provided by you to gURL.com; (iii) discontinue your registration(s) with gURL.com and/or any other iVillage community; (iv) discontinue your subscription to any product, feature, event, content, tool or service purchased through gURL.com; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which iVillage deems to be appropriate.
If your registration(s) with or ability to access the gURL.com, the gURL.com any other iVillage website and/or any other service, product, content, feature, event or tool provided to you by iVillage is discontinued by iVillage due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the gURL community, then you agree that you shall not attempt to re-register with or access any website controlled, owned or operated by iVillage and/or any other service, product, content, feature, event or tool provided by iVillage, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those services, products, content, features, events and/or tools to which your access has been terminated. In the event that you violate the immediately preceding sentence, iVillage reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
19. Notice for California Users.
Under California Civil Code Section 1789.3, California users of gURL.com are entitled to 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210
20. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
iVillage may assign its rights and obligations under these Terms of Service and upon such assignment iVillage may be relieved of any further obligation hereunder.
These Terms of Service and any Additional Terms posted on gURL.com by iVillage constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of iVillage, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
iVillage reserves the right to terminate free access to gURL.com or any other website controlled, owned or operated by iVillage, including any or all content, services, products, features, events, courses or tools, with or without notice to you. iVillage reserves the right (at iVillage's sole discretion) to provide you with notice of such change by prominently posting a notice on gURL.com and/or sending written notice to you at any e-mail and/or post office address you have provided to iVillage. Once free access is terminated, iVillage may charge each subscriber any applicable fee, surcharge and/or membership fee for access to gURL.com and/or any for-pay services, products, content, features, events or tools made available through gURL.com.
|
|
|
