“GirlSpring.com” is an online service operated by GirlSpring, Inc. (“GirlSpring, Inc.”) on the Internet, consisting of certain services and content provided by GirlSpring, Inc., and third parties.
(A) This End User Agreement (the “Agreement”), sets forth the terms and conditions that apply to use of GirlSpring. com by each end user thereof (“End User”). By using GirlSpring.com, End User agrees to comply with all of the terms and conditions hereof. The right to use GirlSpring.com is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the con dentiality of End User’s password(s), if any. End User shall be fully responsible for the use of GirlSpring.com by any other person it permits to access GirlSpring.com. (B) GirlSpring, Inc. shall have the right at any time to change or discontinue any aspect or feature of GirlSpring.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. CHANGED TERMS:
GirlSpring, Inc. shall have the right at any time to change or modify the terms and conditions applicable to End User’s use of GirlSpring.com, or any part thereof, or to impose new conditions, including, but not limited to, requiring user registration, adding fees and charges for use. Such changes, modi cations, additions or deletions shall be e ective immediately upon notice thereof, which may be given by means including, but not limited to, posting on GirlSpring. com, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of GirlSpring.com by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modi cations or additions, unless the End User noti es GirlSpring, Inc. in writing that it has terminated this Agreement within ve (5) business days of receipt by the End User of such notice, in which case the End User’s conduct shall be deemed governed by the Agreement without such changes, modi cations or additions.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of GirlSpring.com and all charges related thereto.
5. END USER CONDUCT:
(A) End User shall use GirlSpring.com for non-commercial, lawful purposes only. End User shall not post or transmit through GirlSpring.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal o ense, gives rise to civil liability or otherwise violates any law, or which, without GirlSpring, Inc.’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in GirlSpring, Inc.’s discretion restricts or inhibits any other End User from using or enjoying GirlSpring.com will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and other such malicious code, (3) using (directly or indirectly) GirlSpring.com or its computer network to make unauthorized entry to any other machine accessible via GirlSpring.com or its computer network and (4) use of GirlSpring.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of GirlSpring.com to become users of other on-line services competitive with GirlSpring.com. Without limiting any other rights or remedies of GirlSpring, Inc. violations of the foregoing may result in removal of violating communications and/or early termination of the End User’s access to GirlSpring.com.
(B) GirlSpring.com contains copyrighted material, trademarks and other proprietary information that may include, but is not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of GirlSpring. com are copyrighted as a collective work under the United States copyright laws. GirlSpring, Inc., as between itself and End User, owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or noncommercial exploitation of downloaded material will be permitted without the express permission of GirlSpring, Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material.
(C) End User shall not upload, post or otherwise make available on GirlSpring.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with End User. End User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of GirlSpring.com, End User automatically grants, or warrants that the owner of such material has expressly granted GirlSpring, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other End User to access, view, store or reproduce the material for that End User’s personal use. Please note that GirlSpring, Inc. does not want to receive confidential information from any End User and any information received will be deemed NOT to be confidential.
(D) From time to time, GirlSpring.com may, at its sole discretion, allow End User to submit certain content including, but not limited to, photos, messages, notes, text, information, music, video, advertisements, listings, or other content (collectively, “User Content”) and make available such User Content on GirlSpring.com. End User understands that, regardless of whether or not such User Content is published or otherwise made available on GirlSpring.com, GirlSpring, Inc. in no way guarantees any confidentiality with respect to any User Content.
End User further agree that End User will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless End User is the owner of such rights or has permission from their rightful owner to post the material and to grant GirlSpring.com all of the license rights granted herein.
If you upload any Content created by you to the web site, then by uploading such Content you grant to GirlSpring. com a perpetual, royalty-free, irrevocable worldwide license to display, publish, reproduce, perform, distribute, make derivative works of and otherwise use such Content in any medium now known or invented in the future. End User understands and agrees that GirlSpring.com does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and GirlSpring.com expressly disclaims any and all liability in connection with User Content.
7. LIMITATION OF LIABILITY:
GirlSpring, Inc. shall have the right, but not the obligation, to monitor the content of GirlSpring.com to determine compliance with this Agreement and any operating rules established by GirlSpring, Inc. and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, GirlSpring, Inc. shall have the right to remove any material that GirlSpring, Inc., in its sole discretion, tends to be in violation of the provisions hereof or otherwise objectionable.
End User agrees to defend, indemnify and hold harmless GirlSpring, Inc., a liated companies and content providers from and against all claims and expenses, including attorneys’ fees, arising out of the use of GirlSpring.com by End User, inclusive of any claim that User Content in any way causes damage to a third party, except to the extent such claims and expenses arise directly out of the gross negligence of GirlSpring, Inc..
Either GirlSpring, Inc. or End User may terminate this Agreement at any time. Without limiting the foregoing, GirlSpring, Inc. shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which GirlSpring, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.
“GirlSpring, Inc.,” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by the GirlSpring, Inc. or its content partners. Our web site contains information, data, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.You may upload our content to a social media or personal website only with the attribution and url link to GirlSpring.com.
12. THIRD PARTY CONTENT:
GirlSpring, Inc. is a distributor (and not a publisher) of content supplied by third parties and End Users. Any opinions, advice, statements, services, o ers, or other information or content expressed or made available by third parties, including information providers, End Users or any other user of GirlSpring.com, are those of the respective author(s) or distributor(s) and not of GirlSpring, Inc.
Neither GirlSpring, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or tness for any particular purpose. Under no circumstances will GirlSpring, Inc. or the GirlSpring, Inc. content partners be liable for any loss or damage caused by an End User’s reliance on information obtained through GirlSpring.com. It is the responsibility of End User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through GirlSpring.com.
Health and other advice on GirlSpring.com is not intended as a substitute for the advice provided by your physician, healthcare provider or counselor. You should not use the information on this web site for diagnosing or treating a health or other personal problem.
13. OUR EDITORIAL CONTENT IS INTENDED FOR TEEN GIRLS AGES 13 AND UP:
End Users must be age 13 and older to register with us, use comment boards and participate in certain features.
This Agreement shall be construed in accordance with the laws of the State of Vermont, without regard to its con ict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.