Terms and Conditions of Use of Website
Thank you for visiting GREEN SKIRT, LLC’s (“GREEN SKIRT” or “we” or “us”) internet website at www.mysophisticatedlegs.com. Use of this GREEN SKIRT Site (as such term is fully defined below) is conditioned on acceptance, without modification, of the following Terms and Conditions of Use (this “Agreement”) by You as a user of this GREEN SKIRT Site (“You” or “User”).
CONTINUING PAST THE HOME PAGE OF THIS GREEN SKIRT SITE (AS SUCH TERMS ARE DEFINED BELOW) CONSTITUTES YOUR AGREEMENT AND ASSENT TO THIS AGREEMENT AND ALL TERMS AND CONDITIONS HEREIN. NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY GREEN SKIRT. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU GAIN ACCESS TO THIS GREEN SKIRT SITE (THE “EFFECTIVE DATE”). IF YOU DO NOT AGREE TO AND ACCEPT THIS AGREEMENT, YOU MUST LEAVE THIS GREEN SKIRT SITE IMMEDIATELY. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
By visiting this GREEN SKIRT Site, You agree to the following:
1. Definitions. In addition to other defined terms in this Agreement, the following terms shall have the following meanings:
1.1 “GREEN SKIRT Home Page” means the GREEN SKIRT web page that is the first web page a user sees when accessing the GREEN SKIRT Site, which are the group of web pages owned or otherwise operated by GREEN SKIRT with the domain name of www.mysophisticatedlegs.com.
1.2 “GREEN SKIRT Server” means the computer software and/or hardware that serves the GREEN SKIRT Site to users across the Internet, and which hosts the pages, scripts, programs, and multimedia files and serves them using a protocol designed to send files to users.
1.3 “GREEN SKIRT Site” or “Site” means GREEN SKIRT’s internet website at www.mysophisticatedlegs.com and any internal blogs, bulletin boards, chat rooms, and similar forums which are under the sole control of, and are solely owned by, GREEN SKIRT.
1.4 “Third Party Site” means any and all internet websites, blogs, bulletin boards, chat rooms, instant messaging, interactive areas, and similar forums that are not owned by GREEN SKIRT and are not under GREEN SKIRT’s control, but may be accessible via or through the GREEN SKIRT Site.
2. Access; Conditions to Use of the Site.
2.1 Subject to all of the terms and conditions of this Agreement, we hereby grant to You a non-exclusive, revocable, and limited right to access and use this Site in strict compliance with this Agreement (the “Access Right”). We reserve the right to suspend or revoke this Access Right at our sole discretion without notice. Notwithstanding the foregoing Access Right, GREEN SKIRT also has the right to change, suspend, or discontinue any (or all) aspects of the Site at any time, and from time to time, including the availability of any content or features on the Site. The Access Right (and all other rights, if any) granted to User pursuant to this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.
2.2 The User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site, including, without limitation, modems, hardware, software, ISP providers, and any other telecommunication services.
2.3 As a condition of Your use of the GREEN SKIRT Site, You covenant to GREEN SKIRT that You will not use this Site for any unlawful purpose or for any purpose that is prohibited by this Agreement. You may not use this Site in any manner that could damage, disable, overburden, or impair the GREEN SKIRT Site and any GREEN SKIRT Servers, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GREEN SKIRT Site.
2.4 Without limiting the generality of the foregoing, You agree to all of the following provisions: (a) You will not upload to, distribute or otherwise publish on or through the GREEN SKIRT Site, or on or through any Third Party Site ( as such term is defined herein), any message, data, information, text, work, or other material ("Content") that is (in GREEN SKIRT’s determination) unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (b) You will not upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, federal or international law; (c) You will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere; (d) You will not impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; (e) You will not, without GREEN SKIRT’S prior written permission, distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; and (f) You will not use the GREEN SKIRT Site or any Third Party Site for any commercial purposes not permitted by GREEN SKIRT.
2.5 Without limiting the generality of the foregoing, You agree to all of the following provisions: (a) Users are prohibited from violating or attempting to violate the security of the GREEN SKIRT Site, the GREEN SKIRT Server or any Third Party Site, including, without limitation, (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to, or overloading, "flooding," "spamming," "mail bombing," or "crashing" the GREEN SKIRT Site, GREEN SKIRT Server, or any Third Party Site; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Any violations of any system or network security (including, but not limited to, that of the GREEN SKIRT Site or the GREEN SKIRT Server) may result in civil or criminal liability; and (b) GREEN SKIRT has the right to 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. GREEN SKIRT reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the GREEN SKIRT Site and any Third Party Site. By Your use of the GREEN SKIRT Site, You authorize GREEN SKIRT to take such action.
2.6 In the event this Agreement allows You to transmit any Content via or through the GREEN SKIRT Site, or otherwise contribute any Content to the GREEN SKIRT Site or to any Third Party Site, You hereby represent and warrant to GREEN SKIRT that You have the lawful right to distribute and reproduce such Content and that you will do so in accordance with this Agreement.
2.7 You are solely responsible for Your conduct while using the GREEN SKIRT Site and any Third Party Site including, but not limited to, all Content of all e-mail messages You generate, all Content in all folders, web pages, blogs, chat rooms and all other interactions You generate, transmit, or maintain via or through the GREEN SKIRT Site or any Third Party Site. GREEN SKIRT takes no responsibility for any such online distribution, publication or other actions by You or by any other party. GREEN SKIRT cannot and will not review every message or other Content You or any other party may generate or post, and GREEN SKIRT is not responsible for the Content thereof.
2.8 In the event this Agreement allows You to transmit any Content, including, but not limited to locating job openings or posting job opening information via a Third Party Site, You hereby represent and warrant to GREEN SKIRT that all Content you transmit relating to locating job openings or posting job opening information is valid, accurate and complete.
2.9 In addition to any other right to terminate this Agreement, GREEN SKIRT hereby has the absolute right to immediately terminate, without warning, any account and Access Rights which it believes, in its sole discretion, breaches any of the provisions of this Section 2.
3. Copyrights and Other Intellectual Property Rights; Reservation of Rights
3.1 GREEN SKIRT’s policy is to respect the copyright and intellectual property rights of others. GREEN SKIRT has the absolute right to (i) immediately terminate, without warning, any accounts and Access Rights of Users who appear to infringe upon the copyright or intellectual property rights of others, and (ii) remove, download or upload any Content from, to, via or through the GREEN SKIRT Site or any Third Party Site that, in GREEN SKIRT’s sole opinion, may infringe the copyright or other intellectual property rights of any third party.
3.2 This Agreement shall not be interpreted to transfer any rights in any intellectual property from GREEN SKIRT to User. GREEN SKIRT or its licensors shall solely own all trademarks/service marks, logos, images, graphics, other Content (other than Content that User can prove to GREEN SKIRT that User owns and is permitted by this Agreement to distribute via the GREEN SKIRT Site), software, website designs, all other copyrights, and all other intellectual property provided in the GREEN SKIRT Site and otherwise in furtherance of this Agreement (collectively, “GREEN SKIRT IP Assets”). GREEN SKIRT IP Assets may not be used by User without the prior written permission from GREEN SKIRT, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to GREEN SKIRT. No copyrighted material, Content, or any other GREEN SKIRT IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of GREEN SKIRT. Use of any of the GREEN SKIRT IP Assets is prohibited unless You are an authorized User in good standing. Unauthorized use is a violation of copyright and intellectual property rights and is actionable under law.
4. Privacy.
4.1 You are responsible for maintaining the confidentiality of Your information, Your login and Your password. You shall be responsible for all uses of Your login and password, regardless of whether these uses are authorized by You. You agree to notify GREEN SKIRT immediately of any unauthorized use of Your account or password.
4.2 GREEN SKIRT’ Privacy Statement, is available here< http://www.mysophisticatedlegs.com/privacy/>. GREEN SKIRT’s Privacy Statement by this reference is incorporated into this Agreement.
5. Indemnity.
You, as a User, will indemnify and hold GREEN SKIRT, its parents, subsidiaries, affiliates, officers, and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of the User's (or any third party using the User's account) access to, or use of, the GREEN SKIRT Site or any Third Party Site which is (i) in violation of any of the terms and conditions of this Agreement or the GREEN SKIRT Site’s Privacy Statement; (ii) if in violation of any law, statute, or regulation anywhere; or (iii) without limiting the foregoing, is an infringement by the User, or any third party using the User's account, of any intellectual property or other right of any person or entity anywhere.
6. No Professional Advice; Possible Errors and Revisions.
6.1 The information, material and other services provided via, through or in the GREEN SKIRT Site, including but not limited to, “Site Content,” “My Sophisticated Legs Blog Posts,” “My Job Section,”“My Book Section,” “First Time Here Section,” other advertisements, and business advising workshops (collectively, the “SITE Resources”) are provided to User for informational purposes only. While GREEN SKIRT endeavors to provide the most current and accurate Site Resources as possible, this GREEN SKIRT Site, and the provision of such Site Resources, is not intended to provide professional advice or opinions related to any of the subject matter contained in the Site Resources and the Site Resources should not be relied upon as such. Further, the GREEN SKIRT Site and Site Resources are not intended as a substitute for obtaining professional advice and You should not act upon any Site Resources contained in this GREEN SKIRT Site without seeking professional advice. The Site Resources contained in, via or through this GREEN SKIRT Site may be general in nature, and may not apply to particular factual circumstances. Further, while GREEN SKIRT endeavors to provide current and accurate Site Resources, this GREEN SKIRT Site may not reflect the most current developments and is not guaranteed to be complete, contemporaneous, or correct.
6.2 THE SITE RESOURCES AVAILABLE THROUGH OR VIA THIS GREEN SKIRT SITE MAY BE SUPERSEDED AND/OR MAY INCLUDE INACCURACIES. In any situation where a document CONTAINED AS A SITE RESOURCE IS OBTAINED FROM ANOTHER SOURCE. IN THAT SITUATION, the OTHER SOURCE (AND ITS WEBSITE) takes precedence. GREEN SKIRT MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS GREEN SKIRT SITE, SITE RESOURCES AND ITS GREEN SKIRT SERVERS AT ANY TIME.
7. Links to Third Party Sites.
As a convenience to You, the Site may provide links or other access to Third Party Sites (as such term is defined above). GREEN SKIRT does not control the Third Party Sites and is not responsible for the Content included in them including, without limitation, any subsequent links contained within a linked Third Party Site, or any changes or updates to a linked Third Party Site. Any reference from the GREEN SKIRT Site to any entity, product, service, content, information or feature of a Third Party Site does not constitute an endorsement or recommendation by GREEN SKIRT. No Third Party Site is authorized to make any representations or warranties on our behalf whatsoever. Your visit to any Third Party Sites are subject to the terms and conditions, and privacy policies, of such Third Party Sites. You should refer to each Third Party Site’s specific terms and conditions and privacy policies.
8. Disclaimer of Warranties; Disclaimer of Liability.
8.1 GREEN SKIRT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OR ACCURACY OF THE SITE RESOURCES OR ANY OTHER FEATURES MADE AVAILABLE VIA OR THROUGH THE GREEN SKIRT SITE. ALL SITE RESOURCES AND OTHER FEATURES OF THE GREEN SKIRT SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GREEN SKIRT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GREEN SKIRT DOES NOT WARRANT THAT THE GREEN SKIRT SITE AND THE SITE RESOURCES MADE AVAILABLE VIA, THROUGH OR ON THE GREEN SKIRT SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE GREEN SKIRT SERVER MAKING THIS GREEN SKIRT SITE AVAILABLE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2 GREEN SKIRT SHALL NOT be liable for any special, indirect, INCIDENTAL OR consequential damages or any damages whatsoever resulting from INCONVENIENCE, OR loss of use, RESOURCES or profits, whether in an action of contract, negligence or other TORTIOUS action, arising out of or in connection with the use or performance of the GREEN SKIRT site or site resources made available VIA, THROUGH OR on this GREEN SKIRT Site or any third party sites, EVEN IF GREEN SKIRT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
9. Change in these Terms of Use.
GREEN SKIRT may modify this Agreement at any time. You are bound by the version of this Agreement that is in effect at the time You visit the GREEN SKIRT Site, so the terms of this Agreement may be different the next time You use this GREEN SKIRT Site. We will provide notice of such changes by posting them in the Terms of Use section of our GREEN SKIRT Site, and You agree to check for such changes. Any use of the GREEN SKIRT Site by You after such notice shall be deemed to constitute acceptance by You of the amendments. You should regularly review and print this Agreement for Your records
10. Feedback
10.1 “Feedback” means all data and information (whether oral, written, electronic or otherwise) provided to GREEN SKIRT by User as a part of User's use of the GREEN SKIRT Site, and User's analysis of the features and functions of the GREEN SKIRT Site, including, but not limited to: (i) any problems or deficiencies in the GREEN SKIRT Site identified by User; (ii) any suggestions or requirements of User related to the GREEN SKIRT Site not currently addressed in the GREEN SKIRT Site; (iii) any improvements, modifications, changes, alterations, adaptations, conversions and derivative works of the GREEN SKIRT Site that are, in whole or in part, made, conceived, or developed by User, at any time; and (iv) any other information or data collected by User that is related to or arising out of User’s analysis or other use of the GREEN SKIRT Site.
10.2 All rights, title and interest in and to the Feedback of User shall be exclusively owned, and will be the sole property of GREEN SKIRT. User further agrees that all of User’s Feedback shall be given exclusively to GREEN SKIRT, and that User shall not use any of the Feedback as a benchmark for any products or services that compete with the GREEN SKIRT Site.
10.3 All of User’s Feedback shall be deemed “Confidential Information,” owned solely by GREEN SKIRT. As such, User will not use, distribute, disclose, copy, or otherwise reproduce for any purpose other than testing the features and functions of the GREEN SKIRT Site. User will take reasonable security precautions (at least as protective as the precautions it takes to preserve its own confidential information of a similar nature) to keep GREEN SKIRT’s Confidential Information confidential.
11. Termination.
As a User, should You or anyone using Your privileges, violate the terms of this Agreement (as determined in GREEN SKIRT’s sole discretion), GREEN SKIRT reserves the right to take any action it deems appropriate, including, but not limited to, termination of this Agreement, including all Access Rights. In addition to any other right of GREEN SKIRT to terminate this Agreement, GREEN SKIRT further reserves the right, without notice, at any time, in its sole discretion, and for any reason, to terminate this Agreement, including all Access Rights. GREEN SKIRT is not required to provide mail or web page forwarding at termination.
12. Controlling Law.
This Agreement shall be construed and controlled by the laws of the State of Arizona. The laws of the State of Arizona will govern any dispute arising from the terms of this Agreement or a breach of this Agreement. You agree to personal jurisdiction by the state and federal courts sitting in the State of Arizona in Pima County.
13. Invalid Or Unenforceable Provisions.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law (see Section 11), then the remainder of the Agreement shall continue in effect.
14. If You Have Questions.
If You have questions about the terms of use and notices provided herein, please send and email to terms@mysophisticatedlegs.com.