2. ALTHOUGH HOTGIRLS IS A NON-COMMERCIAL, NONPROFIT, CHARITABLE ORGANIZATION AND IS NOT SUBJECT TO THE CHILDREN’S ONLINE PRIVACY PROTECTION RULE (COPPA), IT TAKES CHILDREN’S PRIVACY VERY SERIOUSLY. THE SITE IS INTENDED FOR YOUNG WOMEN AND GIRLS AGE 13 AND OLDER. IF YOU ARE UNDER THE AGE OF 13, YOU ARE WELCOME TO BROWSE THE SITE AND READ THE ARTICLES, BUT YOU CANNOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO HOTGIRLS, SUCH AS YOUR NAME, ADDRESS, PHONE NUMBER, E-MAIL ADDRESS AND FINANCIAL INFORMATION.
3. The entire FIREGRL Site is protected by the copyright of Helping Our Teen Girls In Real Life Situations, Inc. HOTGIRLS and its licensors grant to you a personal, non-exclusive, non-transferable license to (a) access and view the audio and visual information, images, photographs, video, text, documents, dolls, products and other materials contained or displayed in or made available through the Site (the “Content”); and (b) use the tools and software on the Site; solely for your own personal use. You may not download, print, copy, use or display the Content. You cannot alter the Content in any way. All rights not expressly granted by HOTGIRLS to you are retained by HOTGIRLS, and you may not use any Content in any manner or for any purpose not expressly authorized by these TOU. If HOTGIRLS determines, in its sole discretion, that you are using any Content improperly, including, without limitation, by displaying the Content in connection with any Content that HOTGIRLS deems unacceptable in its sole discretion, HOTGIRLS may notify you of such improper use, and you shall remove or cause to be removed the Content immediately upon receipt of such notice. The license granted to you under this paragraph shall terminate immediately upon any improper use of any Content. Under no circumstance may you post any Content on a web site that contains, in HOTGIRLS’ sole discretion, any unlawful, false, fraudulent, defamatory, obscene, pornographic, offensive, hateful, or otherwise objectionable information or material of any kind.
4. You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Content, or the resale of the Content, is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign this license, the Content to any third party. Unless otherwise expressly permitted, you also shall not create an Internet “link” to the Site or “frame” or “mirror” any Content contained on, or accessible from, the Site on any other server or Internet-based device.
5. Except for the licenses granted herein, you have no right, title or interest in or to the Site or any Content of HOTGIRLS, its licensors, or its information providers. HOTGIRLS has and retains all proprietary rights, title and interests, including all intellectual property rights, in and to the Site and Content, including, without limitation, stories, reviews, questions, submissions, postings, articles, text, images, and other multimedia data.
6. “Helping Our Teen Girls In Real Life Situations, Inc. (HOTGIRLS),” “FIREGRL,” and all other HOTGIRLS marks and logos used in association with the Site and/or Content are trademarks of HOTGIRLS. Without HOTGIRLS’ prior express written consent, you agree not to display, copy, redistribute or use the HOTGIRLS trademarks in any manner. The names or marks of other companies and products mentioned on the Site or with the Content may be the trademarks of those companies, and HOTGIRLS grants you no license, permission or authorization to reproduce or use such companies’ marks.
7. In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Site. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. HOTGIRLS shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any third-party.
8. HOTGIRLS is not affiliated with, and HOTGIRLS does not endorse or sponsor, any sites on the Internet that are linked through or to the Site. HOTGIRLS provides any such links to you only as a matter of convenience, and in no event shall HOTGIRLS be responsible or liable for any content, products, or other materials on or available from or through such sites.
10. You agree to abide by all applicable local, state, and federal laws, regulations,
statutes, rules and ordinances, in connection with its use of the Site and Content.
11. Portions of the Site may contain message boards, story submissions, reviews, E-cards, and/or chat rooms that provide you and advertisers, promoters, sponsors and/or other third parties an opportunity to post and exchange information, ideas and opinions (“Postings”). If you make any Postings on the Site, you represent and warrant that you have all necessary rights in and to such Postings and all material they contain, and that such Postings do not and will not infringe any proprietary or other rights of third parties or violate any term of these TOU. Any claim lodged with or damage resulting to HOTGIRLS from your breach of this representation and warranty will be covered by your indemnification obligations under these TOU. The information, advice, facts, opinions or other Postings on the Site posted by third parties are those of the respective authors and do not necessarily reflect the views of HOTGIRLS. HOTGIRLS assumes no responsibility or liability for any Postings.
12. You acknowledge that HOTGIRLS does not screen, edit or review Postings in the normal course of its business prior to the appearance of those Postings on the Site. Furthermore, Postings do not necessarily reflect the views of HOTGIRLS or any its employees, officers, directors, agents, suppliers, contractors or affiliated entities. To the fullest extent permitted by applicable law, HOTGIRLS disclaims all responsibility and liability for Postings and for any losses, damages, or expenses resulting from their use and/or appearance on the Site. Notwithstanding the foregoing, HOTGIRLS reserves the right to monitor all Postings and to remove without liability any Postings that it considers, in its sole discretion, to be offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of these TOU.
13. By submitting or emailing to HOTGIRLS your suggestions, ideas, feedback, recommendations, Postings, questions, stories, contest submissions, or other information relating to the Site and/or Content (collectively, “Submissions”), you automatically grant–or warrant that the owner of such Submissions has expressly granted HOTGIRLS a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Submissions (in whole or part) 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 Submissions. HOTGIRLS may use such Submissions as it deems appropriate in its sole discretion without restriction.
14. You shall indemnify, defend and hold HOTGIRLS, its licensors and information providers, Editorial Board, volunteers, sponsors, interns, and each such party’s parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with (a) your use of the Site and/or Content; and/or (b) your Postings, Submissions, and other information and data, breach of these TOU and/or violation of any applicable law or right of a third party.
15. This website does not provide medical, psychological, or any other health care advice, diagnosis or treatment. This website, its content, and any other information provided through FIREGRL.com is for informational purposes only and is not a substitute for professional medical advice, examination, diagnosis or treatment. Consult your doctor or other professional health care provider for specific medical advice, diagnosis, and treatment, and before starting any new treatment or making any changes to existing treatment. Never delay in seeking or disregard any medical advice because of information on this site. Please see our Health Disclaimer for more information.
16. HOTGIRLS is committed to providing accurate information on this site. however, your use of the site and content is at your own risk. the site and content are provided to you on an “as is” basis, without any representation or warranty of any kind or nature. WITHOUT LIMITING THE FOREGOING, NEITHER HOTGIRLS, ITS LICENSORS NOR ANY INFORMATION PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE AND/OR CONTENT, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH REPAIRS OR SERVICING OF ANY EQUIPMENT YOU USE TO ACCESS THIS SITE.
17. ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY HOTGIRLS, ITS LICENSORS, INFORMATION PROVIDERS, EDITORIAL BOARD, VOLUNTEERS, AND SPONSORS. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
18. REGARLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL HOTGIRLS, ITS LICENSORS OR INFORMATION PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, IN ASSOCIATION WITH THIS AGREEMENT, YOUR USE OF THE SITE AND/OR CONTENT, YOUR RELIANCE ON THE INFORMATION, DATA, ADVICE AND/OR MATERIALS CONTAINED IN OR MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR CONTENT; AND/OR THE ACTIONS OR OMISSIONS OF HOTGIRLS, REGARDLESS OF WHETHER HOTGIRLS IS AWARE OF THEIR POSSIBILITY.
19. Because HOTGIRLS is not and cannot be a party in your communications, interactions and/or transactions with advertisers, sponsors, third-party content providers, other users or other third parties on or through the Site, in the event that you have a dispute with one or more such third parties, you acknowledge that your sole and exclusive remedies are against such third parties. You expressly covenant not to sue HOTGIRLS in association with such disputes, and hereby release HOTGIRLS, its subsidiaries, affiliates, officers, directors, agents, sponsors, volunteers, Editorial Board, and employees from any and all claims, demands, suits, expenses, fees (including attorneys’ fees), judgments, penalties, fines and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
20. HOTGIRLS controls and operates this Site from its location in the United States of America. Any diversion of the Content contrary to United States law is prohibited. HOTGIRLS makes no representation that the Site is appropriate or available for use in other locations. Access to the content may not be legal in certain countries or by certain individuals. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
22. In order to ensure consistency in the interpretation and enforcement of these TOU and HOTGIRLS’ rights in the Site, Content and other proprietary materials, these TOU will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between the parties related, in any way, to these TOU, the Site, the Content and/or any and all disputes, actions, claims, or causes of action related thereto shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, and/or Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
23. If any provision of these TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOU shall remain in full force and effect.
24. The failure of HOTGIRLS to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HOTGIRLS in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will effect the other provisions of these TOU.