DABAGIRLS WEBSITE Terms and Conditions of Site Use
Welcome to the www.dabagirls.com web site and its linked related sites. We maintain this website and other linked related websites (the “Sites”) for your personal entertainment, information, education, and communication. Please feel free to browse the Sites at any time; however, by browsing these Sites, you are subject to these terms and conditions (”Terms and Conditions”). By accessing these Sites, you accept, without limitation or qualification, the following Terms and Conditions. If you do NOT agree with any posted guidelines or rules, or with any part of DABAGIRLS WEBSITE’s Privacy Policy or you do not accept the Terms and Conditions, then please discontinue your use of these Sites.
DABAGIRLS WEBSITE may periodically revise the terms of these Terms and Conditions by updating this page. You agree to be bound by subsequent revisions. Accordingly, you should periodically visit this page to review the current Terms and Conditions.
DABAGIRLS WEBSITE reserves all right, title, and interest not expressly granted under these Terms. All content, which includes, without limitation, photographs, videos, articles, films, media files, reviews, software, and source code (collectively “Content”), on the Sites is subject to copyright protection and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of DABAGIRLSWEBSITE or its Content providers. The names of the Sites and of services provided by DABAGIRLS WEBSITE in connection with the Sites are trademarks of DABAGIRLS WEBSITE. Other names or services on the Sites may be the trademarks of the respective owners. You agree not to use any DABAGIRLS WEBSITE trademarks or any confusingly similar marks for any purpose without the express prior written consent of DABAGIRLS WEBSITE. Violations of this provision may result in severe civil and criminal penalties.
Use of the Sites
The Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Sites are copyrighted as a collective work under the United States copyright laws.DABAGIRLS WEBSITE is the owner of the copyright in the entire Sites. DABAGIRLS WEBSITE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party Content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Sites without the express permission of DABAGIRLS WEBSITE and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Sites, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You hereby grant to DABAGIRLS WEBSITE and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to DABAGIRLS WEBSITE (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the rights of DABAGIRLS WEBSITE are irrevocable, and you hereby waive any right to seek or obtain rescission or termination of any of DABAGIRLS WEBSITE’s rights or any form of equitable or injunctive relief.
You shall provide DABAGIRLS WEBSITE with accurate, complete and updated information provided by you at the time of registration.
You agree not to take any action to interfere with the function or accessibility of the Sites or to take any action to restrict the access of others thereto.
The foregoing provisions of this Section are for the benefit of DABAGIRLS WEBSITE, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
DABAGIRLS WEBSITE has carefully designed the Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Sites in any way that interferes with that purpose. In particular, DABAGIRLS WEBSITE prohibits any party from displaying the content on the Sites in any format where third party advertising or other materials that DABAGIRLS WEBSITE did not authorize in writing is viewed or viewable together with our proprietary content.
You agree to indemnify and hold harmless DABAGIRLS WEBSITE and its parent, subsidiaries, affiliated companies, subdistributors and licensees, and each of their respective officers, directors, shareholders, affiliates, employees, attorneys, representatives, agents, licensees, successors and assigns, from and against any and all claims, costs, demands, expenses, losses, liabilities, damages, penalties, causes of actions and judgments including, without limitation, reasonable attorneys’ fees and costs, whether or not litigation is commenced (collectively, “Claims”) arising out of or in connection with (a) a breach or alleged breach of these Terms and Conditions by you and (b) any use of any material provided by you to DABAGIRLS WEBSITE.
Use of Content
DABAGIRLS WEBSITE authorizes you to access and use the Content solely for your personal, non-commercial use. You may not sell or modify the Content, and you may not reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. As an express condition of your use of the Sites, you warrant to DABAGIRLS WEBSITE that you will not use the Sites for any unlawful purpose or purpose prohibited by these Terms. If you violate any part of these Terms, your permission to use the Content automatically terminates and you must immediately destroy and copies you have made of and of the Content. If you access the Sites from a location in a territory outside of the country where the servers of the Sites are located, you are solely responsible for determining that you may legally access the Sites and for complying with all import and export laws and regulations and all applicable laws of any jurisdiction from which you may access the Sites
No portion of these Sites is targeted to children, and any minor is required to obtain the consent of his or her parent or legal guardian before using the Sites.
Rules of Conduct for User Generated Content
You are solely responsible for any and all Content posted by you on the Sites. You also are solely responsible for, and assume any and all risks associated with, reviewing and/or using any Content posted on the Sites by others. DABAGIRLS WEBSITE does not endorse, edit, verify, vouch for, or control any Content posted on the Sites by you or other users (“Users”), and does not guarantee the accuracy or appropriateness of any Content posted by Users. Users may be held legally liable for any Content posted to the Sites, and may be held legally accountable if the Content they post include(s) material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. DABAGIRLS WEBSITE reserves the right to monitor the Sites at any time to ensure that these rules are being observed, but DABAGIRLS WEBSITE undertakes no responsibility to do so.
By using the Sites, you may be exposed to Content which is offensive, indecent or otherwise objectionable to you. If you believe that any such Content violates this Agreement, DABAGIRLS WEBSITE encourages you to contact _DABAGIRLS_WEBSITE. DABAGIRLS_WEBSITE reserves the right to modify or remove anything submitted, posted, or uploaded to DABAGIRLS WEBSITE, at any time for any reason without prior notice. Postings which violate this Agreement may be deleted upon discovery and DABAGIRLSWEBSITE reserves the right to terminate or restrict access to the Sites of the responsible User(s). However, under no circumstances will DABAGIRLS WEBSITE be liable for any errors, omissions, or offensive material contained in any Content posted by Users, or for any loss, liability, claim, damage, or expense (including reasonable attorney’s fees) arising from or in connection with your use of any Content posted by any Users.
You agree not to collect or store personal data about other users or members, or to submit any posting, e-mail, and/or chat room statement that contains or provides links to:
1. Any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties);
2. Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
3. Any false “header” (the legend attached to e-mail messages to show the message’s point of origin, route, and destination), falsely configured e-mail or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted, e-mailed or otherwise transmitted through DABAGIRLS WEBSITE. Headers of e-mail messages may not be removed or altered to conceal e-mail addresses;
4. Any Content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information);
5. Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; this includes “warez” (copyrighted software that is distributed illegally), “MP3″ files of copyrighted music, copyrighted photographs, text, video, or artwork;
6. Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited e-mail using a DABAGIRLS WEBSITE address or containing any references to DABAGIRLS WEBSITE (”spam”), “junk mail,” “chain letters,” “pyramid schemes,” or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list.
7. Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment;
8. Any material that constitutes “stalking” or any other form of harassment of any member or User of DABAGIRLS WEBSITE or any other person;
9. Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws;
10. Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (Including, but not limited to, “hacking,” “cracking,” or “phreaking”);
11. Any raffle, contest, or sweepstakes or any game involving wagering or otherwise requiring payment of a fee or other consideration by participants;
12. Any hate propaganda or hate mongering, swearing, or fraudulent material or activity;
13. Any Content that advertises or promotes any product or service;
14. Any Content that solicits funds, advertisers or sponsors;
15. Any Content that disrupts the normal functioning of the Sites; or
16. Any Content or activity that DABAGIRLSWEBSITE, in its sole discretion, deems inappropriate for its Sites.
Submission
DABAGIRLS WEBSITE is pleased to hear from its loyal fans and welcomes your comments regarding the Sites. However, DABAGIRLS WEBSITE does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by DABAGIRLS WEBSITE’s professional staff seem to others to be similar to their own creative work. Accordingly, DABGIRLS WEBSITE requests that your comments relate to those services and products offered by the Sites, and that you not submit any creative ideas, suggestions, or materials. If, at the request of DABAGIRLS WEBSITE, you send certain specific submissions (e.g., postings to chat, boards, or sweepstakes) or, without the request of DABAGIRLS_WEBSITE, you send DABAGIRLS WEBSITE creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of DABAGIRLS WEBSITE. None of the Submissions shall be subject to any obligation of confidence on the part of DABAGIRLS WEBSITE and DABAGIRLS WEBSITE shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, DABAGIRLS WEBSITE shall exclusively own, and by sending your Submissions, you hereby exclusively grant to DABAGIRLS WEBSITE, all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe, for use by all means, manners, methods and media, now known or hereafter devised, and DABAGIRLS WEBSITE and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Use at Your Own Risk
The Sites may contain inaccuracies or typographical errors. DABGIRLS WEBSITE makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Sites or Content. Your use of the Sites, including, without limitation, the services and information, contained therein, is on an “as is” basis and is at your own risk. DABAGIRLS WEBSITE may make changes in the Content at any time for any reason.
Disclaimers
If you are dissatisfied with any of the materials or services contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site. DABAGIRLS WEBSITE’s rights shall survive any such cessation of use.
DABAGIRLSWEBSITE AND DABAGIRLS WEBSITE’S EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES, HEIRS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (I) YOUR USE OF THE SITE AND (II) ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, DABAGIRLS WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.
You assume all risks that the Sites, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error free. Any applications uploaded or downloaded or otherwise obtained through the Sites are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By participating in viewing content you may be expose to rude, crude, indecent, or other offensive language or references. You agree that DABAGIRLS WEBSITE shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the Sites.
Links and Advertisers
The Sites contains links to third party sites that are not under the control of DABAGIRLS WEBSITE and DABAGIRLS WEBSITE is not responsible for any content on any linked site. If you access a third party site from the Sites, then you do so at your own risk.DABA GIRLS WEBSITE provides links only as a convenience and the inclusion of the link does not imply that DABAGIRLS WEBSITE endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Sites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that DABAGIRLS WEBSITE shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. You should direct any concerns to such external site’s administrator or webmaster.
Use of “You” or “Your”
The words “You” or “Your” shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns.
Waiver
Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of DABAGIRLS WEBSITE
Copyright Complaints
If you believe that your work has been copied and is accessible on the Sites in such a manner as to constitute copyright infringement, you may notify DABAGIRLSWEBSITE by providing DABAGIRLS WEBSITE’s copyright agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
DABAGIRLS WEBSITE’s agent for notice of claims of copyright infringement on the Sites may be reached as follows
By email :dabagirls@gmail.com
Other Legal Complaints
If you believe that any Content on the Sites violates any of your legal rights other than copyright, you may notify DABAGIRLS WEBSITE by providing DABAGIRLS WEBSITE with the following information:
An electronic or physical signature of the person authorized to act on behalf of the individual whose rights may have been violated.
A description of the material that you believe violates your legal rights and the way in which you believe that your legal rights are violated.
Your address, telephone number and email address
A statement by you under penalty of perjury that the above information in your notice is accurate and that you are the person whose rights may have been violated or you are authorized to act on behalf of such person
Your notice may be sent to the email address for copyright complaints provided above.
Governing Law
This agreement and DABAGIRLS WEBSITE’s privacy policy and their interpretation, performance or any breach thereof and any other legal dispute relating to the Sites, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of Switzerland applicable to contracts entered into and wholly to be performed within Switzerland. You hereby consent to the personal jurisdiction of courts located in Switzerland, acknowledge that venue is proper in any courts located therein, agree that, except as otherwise required by non-waivable provisions of applicable law, any action by you related to the foregoing must be brought in such courts, and you waive any objection you may have in the future with respect to any of the foregoing. Notwithstanding the foregoing, DABAGIRLS WEBSITE reserves the right to commence an action in the place of your residence.
Printed Terms
A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last Modified
February 3, 2009
