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COOL STYLE GIRL, LLC TERMS
AND CONDITIONS OF WEBSITE USE
This Website is provided by Cool Style Girl, LLC
(CSG)., its affiliates and subsidiaries
(collectively, "CSG" and "we"). Your use of this
Website is subject to these Terms and Conditions
of Website Use (the "User Agreement"). Please
read this User Agreement and the other
information referred or linked to in this User
Agreement carefully and be sure you understand
it, since it is a legally binding agreement that
contains important information about our Website
and your permitted use of it. From time to time
we may unilaterally modify this User Agreement,
so it is important that you review this User
Agreement every time you use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSITE
CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND
COMPLY WITH ALL OF THE TERMS OF THIS USER
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT
USE THIS WEBSITE.
1. Right to Use this Website
CSG grants you a limited, non-exclusive,
revocable license for you to use this Website
for your personal entertainment, information,
education, and communication, upon all of the
terms of this User Agreement. This Website
contains materials and other items relating to
CSG and its products and services, and similar
items from our business partners, licensors, and
licensees, and other third parties
(collectively, the "Content"). The Content may
be in the form of information, text, data,
images, graphics, button icons, registered and
unregistered trademarks, illustrations,
photographs, audio clips, music, sounds,
pictures, videos, software, or other forms and
formats now known or later invented. In using
this Website, you must respect the intellectual
property rights of CSG and others, all as
outlined below. Your unauthorized use of Content
may violate copyright, trademark, privacy,
publicity, communications, and other laws, and
any such use may result in your personal
liability, including potential criminal
liability.
2. Copyrights
All Content is copyrighted and it is either
owned or used with permission by CSG. CSG
disclaims any representation or warranty that
your unauthorized use of Content will not
infringe upon rights of third parties not owned
by or affiliated with CSG.
Except as set forth in this User Agreement or in
the text of this Website, you may not reproduce,
distribute, publish, transmit, modify, adapt,
translate, display, distribute, sell, license,
publicly perform, prepare derivative works based
upon, or otherwise use or exploit the Content.
You may download one copy of portions of the
Content in temporary storage on one personal
computer for your personal, non-commercial,
non-political, non-networked viewing and use
only, provided you do not delete or change any
copyright, trademark, or other proprietary
notices. The foregoing limited right does not
give you any ownership of any Content. Except as
expressly provided above, nothing contained in
this User Agreement may be construed as
conferring to you (by implication, estoppel, or
otherwise) any license or right to any Content
under any copyright or any other intellectual
property right.
CSG respects the intellectual property rights of
others. If you believe that your work has been
infringed by means of an improper posting or
distribution of it via this Website, then please
see paragraph 14 below entitled Procedure for
Alleging Copyright Infringement.
3. Trademarks
The trademarks, logos, and service marks
displayed on this Website are owned by CSG and
third parties (collectively, the "Trademarks",
which also constitute Content). All Trademarks
not owned by CSG are the property of their
respective owners, and are used with permission.
Nothing contained on this Website may be
construed as granting, by implication, estoppel,
or otherwise, any right or license to use any
Trademark.
4. Your Communications to CSG; CSG’s Rights to
Your Submissions
CSG likes to receive your feedback on your
experience with the Website. In your
communications with CSG, please keep in mind
that, unless it specifically requests them, CSG
does not accept or consider any ideas or
suggestions relating to products, services,
marketing plans, or any other matters.
Therefore, please do not send to CSG any
unsolicited materials, such as ideas for
products contests or any other suggestions,
ideas, notes, drawings, inventions, techniques,
models, designs, concepts, or other similar
information, materials or user-generated
content.
Any such submissions and any questions,
comments, answers, suggestions, or the like
submitted by you to CSG via this Website or by
fax, mail, or otherwise, or transmitted, posted,
or uploaded by you to this Website
(collectively, "Your Submissions") will be
treated as non-confidential and nonproprietary,
and CSG will not assume any responsibility,
obligation, or liability for them or for CSG’s
receipt or non-receipt of them. CSG receipt of
Your Submissions is not an admission by CSG of
their novelty, priority, or originality, and it
does not impair CSG’s right to contest existing
or future intellectual property rights relating
to Your Submissions.
You grant CSG a non-exclusive, royalty-free,
perpetual, irrevocable, and sublicensable right
and license to reproduce, distribute, publish,
transmit, modify, adapt, translate, display,
distribute, sell, license, publicly perform,
prepare derivative works based upon, and
otherwise use or exploit Your Submissions
throughout the world in any and all media. You
represent and warrant that: (a) you have the
right and authorization to make the foregoing
grant without the consent of any third party,
and (b) Your Submissions are accurate and, as
permitted to be used by CSG in this User
Agreement, do not and will not infringe any
right of any third party.
When you send e-mail to us, you are
communicating with us electronically and you
consent to receive communications from us
electronically. Furthermore, you agree that all
agreements, notices, disclosures, and other
communications that we provide to you
electronically satisfy any legal requirement
that such communications be in writing.
5. Online Shopping
This Website may offer online capabilities to
purchase products (such as merchandise) and
services (such as memberships). You must be 18
years of age or older to make any such
purchases. Check our online stores for more
information on delivery, returns, and other
sales policies. As to products and services
featured on this Website, please note that we
make every effort to display as accurately as
possible the products and services that appear
on this Website. However, the colors,
dimensions, and details that you see on your
computer monitor will vary depending on your
equipment, so we cannot guarantee that your
equipment will accurately display the details of
our products and services. As to services
featured on this Website, the terms of those
service offerings may be specified in a separate
agreement that will be provided to you in
connection with the service purchased and will
be supplemented by this User Agreement.
A. No Purchases by Minors
By ordering a product or service online from
CSG, you represent that you are 18 years of age
or older. If a child under the age of 18 orders
a product or service from CSG without parental
or guardian permission, then the parent or
guardian may return the product or service for a
refund according to the posted returns and
exchanges policy that relate to that order. We
may offer enhanced services available to
children under 13 on a subscription basis. In
such cases, a parent must register for the
service and establish the appropriate permission
level for the child. Content and activities
available to you or your child may vary
depending on the subscription and site. Parents
will be provided with information on the type of
content and activities their child may access at
the time they subscribe and are always in charge
of their child's account. Subscription fees may
apply for some services.
B. Taxes
You are responsible for paying all sales, use,
and other similar taxes relating to any of your
online purchases of products or services from
CSG.
C. Shipping and Processing; Insurance
You are also responsible for paying all shipping
and processing charges relating to your online
purchases (including any product offered with a
service), and for insuring your purchases.
D. Returns and Warranties
Please review the information available at our
online store regarding our return policy.
6. Use Restrictions
You agree that you will not: (a) use this
Website for any commercial or political purpose
(including, without limitation, for purposes of
advertising, soliciting funds, collecting
product prices, or selling products); (b)
monitor, gather, or copy Content on this Website
by using any robot, "bot", spider, crawler,
spyware, engine, device, software, extraction
tool, or any other automatic device, utility, or
manual process of any kind; (c) frame or utilize
framing techniques to enclose any Trademark or
other proprietary information (including,
without limitation, any images, text, or page
layout); (d) use any meta tags or any other
"hidden text" utilizing any Trademarks; (e)
engage in any activities through or in
connection with this Website that seek to
attempt to harm minors or are unlawful,
offensive, obscene, threatening, harassing, or
abusive, or that violate any right of any third
party; or (f) engage in any activity that
interferes with a user's access to this Website
or the proper operation of this Website. You
also agree that, in using this Website, you will
not impersonate any person or entity.
7. Community Areas; Code of Conduct
CSG may elect to offer community features on
this Website, such as message or bulletin
boards, forums, and chat rooms In such events,
CSG will not assume any obligation to monitor,
filter, censor, edit, or regulate information or
content provided by you or third parties on this
Website, although CSG reserves the right to do
so in its sole discretion. CSG does not endorse,
warrant the accuracy or reliability of, or
assume any liability in connection with any such
information or content provided by users or
other third parties.
As to any information or content that you upload
or post to this Website, you represent and
warrant to CSG that you have the right and
authorization to do so without the consent of
any third party. You also agree not to upload or
post to this Website: (a) infringing,
defamatory, obscene, pornographic, threatening,
abusive, violent, illegal, rude, harassing, or
otherwise improper content, (b) viruses or other
harmful items, or (c) content with a commercial
purpose (such as offers to sell products or
services or attempts to solicit funds or
advertise products or services).
CSG reserves the right, in its sole discretion,
to adopt additional rules in any community area
and to condition access to any such community
features by any individual or group in
accordance with age, geographic, or other
criteria, to deny or restrict access by any
individual or group who fails to meet that
criteria or by anyone who fails to comply with
our criteria or rules at any time, and to change
or modify the criteria or rules at any time. CSG
also reserves the right (but does not assume any
obligation), in its sole discretion, to delete
any postings on this Website that violate this
User Agreement and to deny access by any user to
this Website.
8. Investigations; Cooperation with Law
Enforcement; Termination
CSG reserves the right, without any limitation
whatsoever, to: (a) investigate any suspected
breaches of its Website security or its
information technology or other systems or
networks, (b) investigate any suspected breaches
of this User Agreement, (c) involve and
cooperate with law enforcement authorities in
investigating any such matters, (d) prosecute
violators of this User Agreement to the full
extent of the law, and (e) discontinue this
Website or terminate your access to it at any
time, without notice, for any reason and without
any obligation to you whatsoever.
9. Privacy and Security Measures
CSG must collect certain information in order to
operate this Website and to fulfill your
requests or enable participation in certain
online activities. But CSG respects the privacy
of its visitors, and is especially mindful of
protecting the privacy of young children
visiting our sites. Please click here to review
our Privacy Policy.
We have adopted reasonable security measures to
protect against the loss, misuse, and alteration
of the personal information under our control.
Vendors, service providers, and others who help
us make this Website and our products and
services available are not permitted to use
personal information except in connection with
their services to CSG and must agree to adhere
to industry-accepted best practices to safeguard
personal information. Nevertheless, we cannot
guarantee complete security of personal
information.
10. Disclaimers and Limitations of Liability
This Website may include technical inaccuracies
or other errors, and your use and browsing of
this Website is at your risk. THIS WEBSITE IS
PROVIDED TO YOU "AS IS" AND "AS AVAILABLE",
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CSG DOES NOT WARRANT THAT THIS WEBSITE WILL MEET
YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR
RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT THIS
WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IF YOUR USE OF THIS WEBSITE OR THE MATERIAL
CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED
TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL,
EQUIPMENT, DATA, OR OTHER ITEM, THEN CSG WILL
NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING SENTENCES, CSG
WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES
ARISING OUT OF YOUR USE OF THIS WEBSITE. THE
DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS
PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT
TO PROVIDE THIS WEBSITE TO YOU. Please note that
some jurisdictions may not allow the exclusion
of implied warranties, so some of the above
exclusions may not apply to you.
Residents of California are entitled to the
following specific consumer rights information:
you may contact the Complaint Assistance Unit of
the Division of Consumer Services of the
Department of Consumer Affairs by mail at 400 R
St., Suite 1080, Sacramento, California, 95814,
or by telephone at 916.445.1254. California
residents expressly agree to waive California
Civil Code Sec. 1542, which states: "A general
release does not extend the 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."
11. Links by You to this Website
You are granted a limited, non-exclusive,
revocable right to create hyperlinks to this
Website, so long as: (a) the links are only to
the home page of this Website, (b) the links
only incorporate text, and do not use any
Trademark graphics, (c) the links and related
content on your site do not suggest any
affiliation with CSG or cause confusion among
consumers, (d) the links and related content on
your site do not portray CSG or its products or
services in a false, misleading, derogatory, or
otherwise offensive matter, and (e) the links
and related content on your site are not
operated for any commercial purposes.
12. Links on this Website to and from Other
Sites
This Website may contain links to or from
third-party sites ("Linked Sites"), including,
without limitation, sites operated by
advertisers, licensors, licensees, and
promotional and business partners of CSG. CSG
has no control over the content of Linked Sites,
and CSG does not assume any obligation to review
any Linked Sites. CSG does not endorse, approve,
or sponsor any Linked Sites, or any content,
advertising, information, materials, products,
services, or other items on or available on or
from them, and CSG disclaims all liability in
connection therewith. We require service
providers and trusted vendors who operate
websites on our behalf to safeguard the privacy
of any personal information they handle, adhere
to industry-accepted best practices to safeguard
personal information, respect our intellectual
property rights and the rights of third parties,
and operate in accordance with all applicable
requirements. Any activities you engage in
connection with any Linked Site, however, are
subject to the privacy policy, conditions of
use, and other terms imposed by the operator of
the Linked Site and CSG disclaims all liability
in connection therewith.
13. Banners, Advertisements, and Promotions
We reserve the right to post banners,
advertisements, promotions, and similar content
throughout this Website. Third-party advertisers
and firms that serve ads may operate under terms
and conditions and privacy policies that differ
from CSG’s policies, so please review them
carefully. Any interactions, correspondence, and
business dealings that you have with any
advertisers and other third parties found on or
through this Website (including via Linked
Sites) are solely between you and the third
party (including, without limitation, issues
related to the content of third party
advertisements, payments, delivery of goods,
warranties, privacy and data security and the
like). CSG disclaims all liability in connection
with therewith.
14. Procedure for Alleging Copyright
Infringement
CSG will respond appropriately to notices of
alleged copyright infringement that comply with
the U.S. Digital Millennium Copyright Act
("DMCA"), as set forth below. If you own
copyrights in a work and believe that your
intellectual property rights in that work have
been infringed by an improper posting or
distribution of it via this Website, then send
us a written notice that includes all of the
following: (i) a legend or subject line that
says: "DMCA Copyright Infringement Notice"; (ii)
a description of the copyrighted work that you
claim has been infringed; (iii) the URL of the
site and a description of where the material
that you claim is infringing is located on that
site; (iv) your address, telephone number, and
e-mail address; (v) a statement by you that you
have a good faith belief that the alleged
infringing material is not authorized by the
copyright owner, its agent, or the law; (vi) a
statement by you, made under penalty of perjury,
that all the information in your notice is
accurate, and that you are the copyright owner
(or, if you are not the copyright owner, then
your statement must indicate that you are
authorized to act on the behalf of the owner of
an exclusive right that is allegedly infringed);
and, (vii) your electronic or physical
signature.
CSG will only receive DMCA notices by mail,
e-mail and fax at the addresses below:
By Mail: Cool Style Girl, LLC
PO Box 310356
Atlanta, GA 3113-0356
Attention: Copyright Notice Dept
By E-Mail: coolstylegirl@bellsouth.net
By Facsimile: 770-484-1688
CSG may elect to not respond to DMCA notices
that do not comply with all of the foregoing
requirements, and CSG may elect to remove
allegedly infringing material that comes to its
attention via notices that do not comply with
the DMCA. If you have additional questions you
may email us at coolstylegirl@bellsouth.net.
15. General Provisions
A. Indemnity
You agree to indemnify, defend, and hold
harmless CSG and its officers, employees,
agents, business partners, licensors, and
licensees from any damages, liabilities, costs,
and expenses (including reasonable attorneys'
fees) on account of any claim, suit, action,
demand, or proceeding made or brought against
any such party, or on account of the
investigation, defense, or settlement thereof,
arising in connection with your use of this
Website.
B. Revisions to this Website and this User
Agreement
CSG may, in its sole discretion, make changes to
any aspect of this Website, including, without
limitation, any Content, any activities
available on this Website, and any products or
services offered through this Website. CSG may
also, in its sole discretion, revise this User
Agreement by updating or revising this document,
with the revised terms taking effect as of the
date of its posting. Continued use of this
Website following the effective date of any such
changes constitutes your acceptance of those
changes.
C. Operation of Website; Availability of
Products and Services
CSG makes no representation that this Website is
appropriate or available for use beyond the
United States of America. If you use this
Website from other locations, you are
responsible for compliance with applicable local
laws.
D. Jurisdiction, Venue, and Alternative Dispute
Resolution
Any controversy or claim relating to this
Website, the Content, or this User Agreement not
otherwise resolved between you and CSG will be
settled solely by binding arbitration in
accordance with the Commercial Arbitration Rules
of the American Arbitration Association ("AAA"),
administered in accordance with the AAA's
Supplementary Procedures for Consumer-Related
Disputes. Any such controversy or claim will be
arbitrated on an individual basis, and will not
be consolidated in any arbitration with any
claim or controversy of any other party. The
arbitration will be conducted in Atlanta,
Georgia, and judgment on the arbitration award
may be entered into any court having
jurisdiction of it. Any claim or cause of action
that you may have with respect to this Website,
the Content, or this User Agreement must be
commenced within one year after the claim or
cause of action arises or it will be forever
barred. Any action or proceeding by CSG relating
to your access to, or use of, this Website or
any Content in accordance with this paragraph
will be instituted in state or federal court in
Atlanta, Georgia. Accordingly, you consent to
the personal jurisdiction of the courts in
Atlanta, Georgia with respect to all matters
relating to your access to or use of this
Website and the Content and waive your rights to
removal or consent to removal. This User
Agreement will be governed by and construed in
accordance with the laws of the State of
Georgia, without regard to its conflicts of law
provisions. The foregoing provisions of this
paragraph will not apply to any legal action
taken by CSG to recover damages for, or seek an
injunction in connection with, any loss, cost,
or damage (or any potential loss, cost, or
damage) relating to this Website, any Content,
CSG’s operations, and/or CSG’s products or
services caused by your act or failure to act.
E. Severability
If any provision of this User Agreement is
deemed unlawful, void, or unenforceable for any
reason, then that provision will be deemed
severable from the remainder of this User
Agreement and will not affect the validity or
enforceability of the remainder of this User
Agreement.
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