PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This Agreement contains all of the terms and conditions between WhereDidSheGetIt.com, Inc. ("WhereDidSheGetIt.com") and you ("User") and governs the use of the services offered at by the WhereDidSheGetIt.com Web site (the "Site"). By using any resources or information on the Site, User agrees that (I) User has read this Agreement and understands all of its contents and (II) User accepts all the terms and conditions in the Agreement. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of this User Agreement. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time without notification. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
TERMS AND CONDITIONS:
WhereDidSheGetIt.com allows Users to exchange information on items of interest. User agrees not to hold WhereDidSheGetIt.com (or WhereDidSheGetIt.com's agents, affiliates or employees) liable for any instruction, advice or services delivered which originated through the Site.
Guarantee
WhereDidSheGetIt.com does not authenticate or guarantee in any way the accuracy of answers provided by Users. Information on WhereDidSheGetIt.com is for information purposes only and not intended to constitute professional advice as circumstances will vary from person to person. Answers are rated by Users and WhereDidSheGetIt.com does not guarantee or endorse in any way feedback or ratings posted by Users.
Eligibility
User must warrant that he/she is at least 18 years of age and possess the legal authority to enter into this agreement and to use the services offered on this Site in accordance with all terms and conditions herein. Our services are available only to individuals who can enter into legally binding contracts under the law. Without limiting the foregoing, our services are not available to minors. User is not responsible for usage by, nor be responsible for the actions of, any minors who use your computer and/or account to access WhereDidSheGetIt.com. User should always supervise User's children's use of the Internet. In addition, if User resides in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, User may not use this Site.
If you are a partner or affiliate and your website is directed to children under 13 years of age, or if you have actual knowledge that your Site is used by children under the age of 13, your Site must be compliant with the children’s online privacy protection act (COPPA) and the COPPA Rule as issued by the Federal Trade Commission (FTC).
Please be aware that if there are certain areas on the Site that may link to adult or mature content, User must be at least 18 years of age to access and view such areas.
WhereDidSheGetIt.com does not assume any responsibility to the content of other websites that we link to.
Prohibited Use
The Site and services contained herein may be used to connect with Users for the purpose of receiving or delivering advice. No person may use this Site to recruit, solicit, or contact in any form Users for employment or contracting for a business not affiliated with WhereDidSheGetIt.com without written permission from WhereDidSheGetIt.com. Members must abide at all times by the rules posted herein. There will be zero tolerance to any obscenities, pornography and defamatory postings.
Resale of site is also prohibited. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without express written permission from WhereDidSheGetIt.com.
User Account, Password and Security
User is entirely responsible for maintaining the confidentiality of any password and/or account number provided by WhereDidSheGetIt.com for accessing the Site, and is fully responsible for all activities that occur under User's password or account. User agrees to immediately notify WhereDidSheGetIt.com of any unauthorized use of User's password or account or any other breach of security. WhereDidSheGetIt.com will not be liable for any loss that you may incur as a result of someone else using User's password or account, either with or without your knowledge. However, you could be held liable for losses incurred by WhereDidSheGetIt.com or another party due to someone else using User's account or password. You may not use anyone else's account at any time, without the permission of the account holder.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of WhereDidSheGetIt.com, Inc. and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. WhereDidSheGetIt.com hereby grants User a personal, revocable, non-perpetual, non-exclusive, non-assignable and non-transferable license to use the Site provided that User does not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of WhereDidSheGetIt.com. Use of WhereDidSheGetIt.com and/or its licensors' Material is only permitted with WhereDidSheGetIt.com's express written permission. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
COMMUNITY AREAS
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the "Postings") on bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (the "Community Areas"), User agrees to use these Community Areas only to send and receive messages and material that are proper and related to the particular forum. Please be advised that Postings do not reflect the views of WhereDidSheGetIt.com. In no event shall WhereDidSheGetIt.com assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. By way of example, and not as limitation, User agrees not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information;
- Use the Site for any purpose, which is in violation of local, state, national or international law;
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party;
- Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer;
- Advertise or offer to sell any goods or services for any commercial purpose on the Site, which are not relevant to the services offered on the Site;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Impersonate another person or allow any other person or entity to use User's identification to post or view comments;
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited;
- Download any file posted by another User that User knows, or reasonably should know, cannot be legally distributed through the Site;
- Restrict or inhibit any other User from using and enjoying the Community areas;
- Post any personal information about User; or
- Supply any information by User or User's household that is untrue or inaccurate.
You hereby authorize WhereDidSheGetIt.com to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, WhereDidSheGetIt.com will have the right to use and change the Postings in any manner that WhereDidSheGetIt.com may determine without notification. Additionally, WhereDidSheGetIt.com may sweep its Community Areas periodically in its sole discretion.
WhereDidSheGetIt.com does not allow Postings which contain:
- private or personal information which might identify a user;
- profanity or obscenities;
- personal attacks on other individuals;
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
- other information that WhereDidSheGetIt.com deems in its sole discretion to be inappropriate for this Site.
The Community Areas may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although WhereDidSheGetIt.com periodically monitors the content posted on the Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, WhereDidSheGetIt.com will make every effort to ensure that the Community Areas best serve the interests of all users and, therefore, WhereDidSheGetIt.com reserves the right to refuse to post, edit, or delete messages that violate the above-referenced terms, as well as revoke the privileges of users who do not comply with such rules.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by WhereDidSheGetIt.com, its subsidiaries or affiliates of the opinions or views expressed by these third party websites and WhereDidSheGetIt.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, WhereDidSheGetIt.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither WhereDidSheGetIt.com nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, WhereDidSheGetIt.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, WhereDidSheGetIt.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. WhereDidSheGetIt.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with WhereDidSheGetIt.com in asserting any available defenses.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WhereDidSheGetIt.com is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHEREDIDSHEGETIT.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY WHEREDIDSHEGETIT.COM OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall WhereDidSheGetIt.com's aggregate liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by User to WhereDidSheGetIt.com, if any, in the twelve (12) month period prior to any dispute.
User agrees not to hold WhereDidSheGetIt.com, WhereDidSheGetIt.com's agents and employees, officers, directors, or participants in WhereDidSheGetIt.com's affiliate Service liable for any advice or services delivered which originated through the Site and releases all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
MISCELLANEOUS
This Agreement will become effective immediately upon any use by User of the Site and shall remain effective unless terminated by either party as provided hereunder. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally.
User agrees that WhereDidSheGetIt.com in its sole discretion, may terminate use of any service or link associated with the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use, or if Company believes that User has violated or acted inconsistently with the letter or spirit of the TOSA. Company may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. User agrees that any termination of access to the Site under any provision of this TOSA may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, User agrees that Company shall not be liable to User or any third-party for any termination of User’s access to the Site.
In the event of termination or expiration, the following sections shall survive: Ownership of Intellectual Property; Indemnification; Disclaimer and Limitation of Liability; Miscellaneous and Privacy Policy and Copyright Notice. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
PRIVACY POLICY AND COPYRIGHT NOTICE
WhereDidSheGetIt.com's Privacy Policy located on the Site, as modified by WhereDidSheGetIt.com from time to time, shall govern any disclosure or use of User's personal information. WhereDidSheGetIt.com's Copyright Notice is also located on the Site and shall govern the use of the intellectual property of third parties on the Site. The terms of the Privacy Policy and the Copyright Notice are hereby incorporated by reference and you are hereby bound by such terms when using this Site.