TERMS AND CONDITIONS OF USE
This Terms and Conditions of Use was last modified on September, 7, 2012, and was first published and made effective on September, 7, 2012.
The following Terms and Conditions of Use (“Agreement”) governs use of the ShimmerTeen web site (the “Site”) as provided by Girlmentum Media, Inc., a corporation, (“Service Provider,” “we,” “us,” or “our”), by all those who access the Site, including without limitation persons and representatives of entities, whether such representatives are persons or digital engines of any kind (collectively, “Users,” “you,” or “your”). “We,” “us,” “our” and “Service Provider” refer collectively to Girlmentum Media, Inc. and the Site, and their affiliates such as parents, subsidiaries, directors, officers, employees, and representatives.
Your use or accessing of the Site constitutes your agreement to be bound by this Agreement. You are not permitted to access the Site if you do not agree to be bound by this Agreement.
The Agreement may be modified at any time. The date of the most recent revisions will be communicated on or through the Site, so check back often. Your continued use and access of the Site will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or communicated on or through the Site, may result in suspension or termination of your access to the Site, without notice, in addition to Service Provider’s other remedies.
2. Medical Information Disclaimer
The contents of the Site, such as text, graphics, images, information obtained from the Service Provider’s licensors, public message boards and blogs on the Site, and other material contained on the Site (“Content”) are for general informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site and Service Provider is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Site.
3. Use by Children
Use of this Site by children under the age of 13 is prohibited. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for a user account. No one under the age of 13 is allowed to provide any personal information to us or on the Site. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [firstname.lastname@example.org].
4. Use of Content
We authorize you to view or download a single copy of the Content on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2012, Girlmentum Media, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with the Service Provider, its licensors, or contributors to the Site. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the Site, including without limitation, the Content, except as permitted by the U.S. Copyright Act of 1976 and all amendments thereto, or other law or as expressly permitted in writing by this Agreement, Service Provider, or the Site. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Content and features are subject to change or termination without prior notice in the editorial discretion of the Service Provider. All rights not expressly granted herein are reserved to the Service Provider and its licensors. If you violate any of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Access to the Content may not be legal by certain persons or in certain countries. 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.
5. Disclaimer of Warranty and Limitation of Liability
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. SERVICE PROVIDER, ITS AFFILIATES, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF ANY CONTENT, SOFTWARE, LINKS, OR ANY COMMUNICATIONS PROVIDED ON THE SITE.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Service Provider and its suppliers. Accordingly, we do not represent or warrant that there will be no failures, interruptions, errors, omissions or loss of transmitted information or that no viruses will be transmitted through the Site. Furthermore, we assume no liability for or relating to the aforementioned failures and errors in connection with the Site.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND ITS CONTENT AT YOUR OWN RISK. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT YOU ASSUME THE RISK OF ILLNESS OR DEATH THAT MAY BE RELATED IN ANY WAY TO THE CONTENT ON THE SITE.
SERVICE PROVIDER, ITS AFFILIATES, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ALLEGEDLY RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, YOUR RELIANCE ON THE SITE OR ANY OF ITS CONTENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, WHETHER OR NOT SERVICE PROVIDER, ITS AFFILIATES, ITS LICENSORS, AND ITS THIRD PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE.
Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
YOU ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT CONSTITUTES AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES, AND THAT SERVICE PROVIDER WOULD NOT HAVE MADE THE SITE AVAILABLE WERE IT NOT FOR SUCH DISCLAIMERS AND LIMITATIONS.
7. User Submissions—General
You agree that you will not provide or transmit any communications or content of any type to the Site that infringe or violate any rights of any party. By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes.
If you make any submission to the Service Provider or the Site, you agree that you will not send or transmit to us any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us by email, you agree such submission is non-confidential for all purposes.
If you make any submission to us or the Site or if you submit any business information, idea, concept or invention to us by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted the Service Provider a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site or to us by email.
8. User Submissions—Images, Video, Audio Files (“Media”)
You agree to only post or upload Media that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any Media that contains personally identifiable information (e.g., name, phone number, email address or web site URL) of you or of anyone else. Uploading Media of or with other people without their permission is strictly prohibited. By uploading any Media on the Site, you warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.
By uploading Media, (a) you grant us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person appearing in the submitted Media (or, if a minor, his/her parent/legal guardian) authorizes us to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify us and our affiliates, directors, officers and employees and hold us harmless from any and all claims and expenses, including attorneys’ fees, arising from the Media and/or your failure to comply with these the terms described herein.
We reserve the right to review all Media prior to submission to the Site and to remove any Media for any reason, at any time, without prior notice, at our sole discretion.
9. User Submissions—Public message boards, chat rooms, blogs (“Public Areas”)
If you use Public Areas, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Service Provider and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
9.1. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of this Agreement:
a) Using a Public Area for any purpose in violation of local, state, national, or international laws;
b) Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
c) Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;
d) Posting advertisements or solicitations of business;
e) After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
f) Posting chain letters or pyramid schemes;
g) Impersonating another person;
h) Distributing viruses or other harmful computer code;
i) Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
j) Allowing any other person or entity to use your identification for posting or viewing comments
k) Posting the same note more than once or “spamming”; or
l) Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in our judgment, exposes us or any of our customers or suppliers to any liability or detriment of any type.
9.2. We reserve the right (but are not obligated) to do any or all of the following:
a) Record the dialogue in public chat rooms;
b) Investigate an allegation that a communication(s) do(es) not conform to this Agreement and determine in our sole discretion to remove or request the removal of the communication(s);
c) Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement;
d) Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of this Agreement;
e) Monitor, edit, or disclose any communication in the Public Areas;
f) Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.
Service Provider or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
We have several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts for the Site. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Site account and password; (3) promptly inform us of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site.
11. Advertisements, Searches, and Links to Other Sites
We may provide links to third-party web sites. We also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.
We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within our Site, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any product, service, or treatment advertised on the Site.
You agree to defend, indemnify, and hold Service Provider, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Service Provider, or in any way relating to your use of the Site, resides in the courts of the State of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Massachusetts in connection with any such dispute including any claim involving Service Provider or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
This Agreement is governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
14. Notice and Takedown Procedures
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
b) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
c) Your name, address, telephone number, and e-mail address;
d) A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law;
e) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf;
f) A signature or the electronic equivalent from the copyright holder or authorized representative.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Name: Kimberly Wolf, ShimmerTeen
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
15. Complete Agreement
ShimmerTeen web site (the “Site”) operated by Girlmentum Media, Inc., a Delaware corporation, (“Service Provider,” “we,” “us,” or “our”) knows that you care about how information about you is used and shared. “We,” “us,” “our” and “Service Provider” refer collectively to Girlmentum Media, Inc. and the Site, and their affiliates such as parents, subsidiaries, directors, officers, employees, and representatives.
1. Information We Collect
1.1. User-Provided Information. You provide us personal information (including but not limited to name, address, telephone number, email address, date of birth) if you register for a member account with the Site (including by “following,” “liking,” linking your account to the Site, etc., on a third party website or network). In making your decision whether to provide personal information, you should be aware of the general risks of transmitting information over the Internet. While we attempt to prevent unauthorized persons from accessing or tampering with the Site, we cannot guarantee that these efforts will be successful.
If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. We may also retain any messages you send through the Site. You may provide us information in any content you post to or on the Site.
1.2. Cookies Information. When you visit the Site, we may send one or more cookies—a small text file containing a string of alphanumeric characters—to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Site. A cookie may also convey information to us about how you browse the Site. A cookie does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled.
1.3. Log File Information. Log file information is automatically reported by your browser each time you access a web page. When you use the Site, our servers automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages, pages viewed, and other such information.
1.4. Clear Gifs Information. When you use the Site, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our Users anonymously. In addition, we may also use clear gifs in HTML-based emails sent to our Users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make the Site better for our Users.
1.5. Third Party Services. We may use third party analytics services to help understand use of the Site. These services collect the information sent by your browser as part of a web page request, including cookies and your IP address, and their use of such information is governed by their respective privacy policies.
2. How We Use Your Information
We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Site.
2.1. Email. By providing your email address to us (including by “following,” “liking,” linking your account to the Site, etc., on a third party website or network), you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Site to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of the Site, or special offers.
If you do not want to receive such email messages, you may opt out or change your preferences on the Site or by emailing us at [email@example.com]. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of Site-related emails.
2.2. Retention. Following termination or deactivation of your user account, we may retain your profile information and any content submitted by you (“User Content”) for a commercially reasonable time for backup, archival, or audit purposes. Furthermore, we may retain and continue to use indefinitely all information (including User Content) contained in your communications to other Users or posted to the Public Areas of the Site after termination or deactivation of your account.
2.3. Invitation. If you choose to use our invitation service to invite a friend to the Site, we will ask you for that person’s email address and automatically send an email invitation. We store this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service. Your friend may contact us to request that we remove this information from our database at [firstname.lastname@example.org].
2.4. Others. We may use certain information about you and/or your User Content internally for purposes such as analyzing how the Site is used, diagnosing service or technical problems, maintaining security, and personalizing content. We reserve the right, but have no obligation, to monitor the information and materials you post on the Site.
3. How We Share Your Information
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
Any personal information or content that you voluntarily disclose for posting to the Site including the Public Areas becomes available to the public. If you remove information that you posted to the Site, copies may remain viewable in cached and archived pages of the Site, or if other Users have copied or saved that information.
From time to time, we may run contests, special offers, or other events or activities (“Events”) on the Site together with a third party partner. If you provide information to such third parties, you give them permission to use it for the purpose of that Event and any other use that you approve. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these Events.
3.2. Non-Personally Identifiable Information. We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks) with interested third parties to help them understand the usage patterns on the Site.
4. How We Protect Your Information
We care about the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to us or guarantee that your information on the Site may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Your privacy settings may also be affected by changes to the functionality of our distributors, such as social networks. We are not responsible for the functionality or security measures of any third party.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from us, at all times.
5. Compromise of Personal Information
6. Your Choices About Your Information
You may decline to submit personally identifiable information through the Site, in which case we may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account.
7. Children’s Privacy
We are committed to protecting the privacy of children. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for a user account. No one under the age of 13 is allowed to provide any personal information to us or on the Site. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [email@example.com].
8. Links to Other Web Sites
9. Notification Procedures