Terms & Conditions
GirlfriendGrapevine.com provides a way for women to meet and become friends while enjoying fun and new activities. This is a legal agreement (“Agreement”) between you and The Lilac Sun Group, LLC, a California limited liability company and the owner and operator of GirlfriendGrapevine.com (hereinafter “GirlfriendGrapevine”). Please read the Agreement carefully before registering. By registering, you acknowledge that you have read and understand the terms and conditions of this Agreement and agree to be bound by all of its provisions. If you do not agree, then do not register for GirlfriendGrapevine. Continued use of Girlfriend Gravpvine.com shall be deemed to be acceptance of new terms.
To be eligible to use GirlfriendGrapevine, you must meet the following criteria and represent and warrant that you:
- are 21 years of age or older;
- are not a competitor of GirlfriendGrapevine;
- will not violate any rights of GirlfriendGrapevine, including intellectual property rights such a copyright or trademark rights; and
- have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party.
ACCURATE INFORMATION AND SIGN-IN CREDENTIALS
In consideration of your use of the GirlfriendGrapevine, you agree to
- provide accurate, current and complete information about you as may be prompted by any registration forms on the site (“Registration Data”);
- maintain the security of your password and identification;
- maintain and promptly update the Registration Data, and any other information you provide to GirlfriendGrapevine, to keep it accurate, current and complete;
- be fully responsible for all use of your account and for any actions that take place using your account;
- refrain from selling, trading otherwise transferring your GirlfriendGrapevine account to another party and
- refrain from registering for multiple user accounts or from registering a user account on behalf of an individual, group or entity other than yourself.
TERMINATION OF ACCOUNT
Either you or GirlfriendGrapevine may terminate your membership at any time, for any reason, without explanation. GirlfriendGrapevine reserves the right to immediately suspend or terminate your access to GirlfriendGrapevine without notice.
INDEMNITY BY USER
You will defend, indemnify, and hold harmless GirlfriendGrapevine, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of GirlfriendGrapevine, including without limitation those losses, costs, liabilities and expenses caused by your submission of content that violates third party rights or any breach by you of the terms of this Agreement.
DISCLOSURE OF USER INFORMATION
You acknowledge, consent and agree that GirlfriendGrapevine may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to:
- comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
- enforce this Agreement;
- respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, or government agency;
- respond to customer service inquiries; or
DISCLAIMER OF WARRANTY
GirlfriendGrapevine provides the platform for GirlfriendGrapevine and all information and services on an “as is” and “as available” basis and grants no warranties of any kind, expressed, implied, statutory, in any communication with GirlfriendGrapevine or its representatives, or otherwise with respect to the service. GirlfriendGrapevine specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. GirlfriendGrapevine does not warrant that your use of GirlfriendGrapevine service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the service will be corrected. GirlfriendGrapevine disclaims liability for, and no warranty is made with respect to, connectivity and availability. If you are dissastified or harmed by GirlfriendGrapevine or anything related to GirlfriendGrapevine, you may close your GirlfriendGrapevine account and terminate this Agreement and such termination shall be your full and exclusive remedy.
LIMITATION OF LIABILITY
In no event will GirlfriendGrapevine be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use GirlfriendGrapevine, even if GirlfriendGrapevine or its agents or representatives know or have been advised of the possibility of such damages, or to any person other than you. Notwithstanding anything to the contrary contained herein, GirlfriendGrapevine’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GirlfriendGrapevine for the service during the term of membership. GirlfriendGrapevine does not screen the users registering for services offered by GirlfriendGrapevine in any way. As a result GirlfriendGrapevine will not be liable for any damages, direct, indirect, incidental or consequential, arising out of the use of this service, including, without limitation, to damages arising out of communicating and/or meeting with other users of this service, or introduced to you via this service. Such damages include, without limitation, physical damages, bodily injury and or emotional distress and discomfort. GirlfriendGrapevine asks all prospective participants if they are female, but we do not verify this information. Therefore, GirlfriendGrapevine is not liable for the integrity of statements made by users as to their identity, marital status and general background. It is incumbent and advised upon the user to verify any and all information relating to but not limited to this subject. It is advised to check references of any user.
We built GirlfriendGrapevine to empower women and provide a place for women to connect as friends. To achieve that purpose, we encourage users to share truthful and accurate information and to act respectfully with regard to other users and third party rights. To resolve a complaint regarding GirlfriendGrapevine service, you should first contact us, by clicking on the “Contact Us”. GirlfriendGrapevine reserves the right, but has no obligation, to monitor disputes between you and other users and to restrict, suspend, or close your account if GirlfriendGrapevine determines, in our sole discretion, that doing so is necessary to enforce the Agreement.
GROUNDS FOR REMOVAL, SANCTION OR SUSPENSION
Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal or suspension or termination of your account:
- The use of GirlfriendGrapevine to:
- harm or intimidate another person in any way, including restricting or inhibiting any other user from using our platform;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
- disguise the origin of any public information that is transmitted to any third party;
- “stalk” or otherwise harass another user of GirlfriendGrapevine;
- advertise merchandise, auctions, services or commercial websites, commercial or personal events not approved by GirlfriendGrapevine;
- collect or store personal data about other users;
- Posting any information or other material:
- that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any material that may be considered hate speech;
- that is obscene, pornographic or adult in nature;
- that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
- that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and “chain letters”);
- that is inappropriate, posted in bad faith, or contrary to the spirit of GirlfriendGrapevine; or
- that uses GirlfriendGrapevine primarily as a lead generator or listing service for another website;
- Encouraging others to violate this Agreement
- Refusing to follow GirlfriendGrapevine staff instruction or direction;
- Violation (intentional or unintentional) of this Agreement, or of any applicable local, provincial, national or international law, statute, ordinance or regulation;
- Disclose the private information of any user of GirlfriendGrapevine without the permission of that user; or
- Transmit money to GirlfriendGrapevine through financial accounts that are stolen, fraudulent or otherwise unauthorized for use.
USER CONTENT POSTED ON GIRLFRIEND GRAPEVINE
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the GirlfriendGrapevine, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on GirlfriendGrapevine or Service that you did not create or that you do not have permission to post. You understand and agree that GirlfriendGrapevine may, but is not obligated to, review GirlfriendGrapevine and may delete or remove (without notice) any GirlfriendGrapevine content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of GirlfriendGrapevine violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post, store or provide to GirlfriendGrapevine.
When you post User Content to GirlfriendGrapevine, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content. By posting User Content you automatically grant, and you represent and warrant that you have the right to grant, to GirlfriendGrapevine an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with GirlfriendGrapevine or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from GirlfriendGrapevine at anytime and if you have challenges doing so please Contact Us. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that GirlfriendGrapevine may retain archived copies of your User Content. GirlfriendGrapevine does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
CONTRIBUTIONS TO GIRLFRIEND GRAPEVINE
By submitting ideas, suggestions, documents, or proposals (“Contributions”) to GirlfriendGrapevine through its suggestion or feedback webpages, you acknowledge and agree that:
- your Contributions do not contain confidential or proprietary information;
- GirlfriendGrapevine is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
- GirlfriendGrapevine shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
- GirlfriendGrapevine may have something similar to the Contributions already under consideration or in development;
- you irrevocably assign to GirlfriendGrapevine all rights to your Contributions; and
- you are not entitled to any compensation or reimbursement of any kind from GirlfriendGrapevine under any circumstances.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on GirlfriendGrapevine any materials that violate another party’s intellectual property rights. When we receive proper notification of Alleged Copyright Infringement as described in our GirlfriendGrapevine Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described therein in accordance with the Digital Millenium Copyright Act. If you believe that any material on GirlfriendGrapevine infringes upon any copyright which you own or control, you may send a written notification of such infringement as set forth in GirlfriendGrapevine Copyright Policy.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, GirlfriendGrapevine has adopted a policy of terminating, in appropriate circumstances and at GirlfriendGrapevine’s sole discretion, users who are deemed to be repeat infringers. GirlfriendGrapevine may also at its sole discretion limit access or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES AND CONTENT
GirlfriendGrapevine contains links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through GirlfriendGrapevine or any Third Party Applications, Software or Content posted on, available through or installed from GirlfriendGrapevine, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave GirlfriendGrapevine and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from GirlfriendGrapevine.
Activities which are listed on GirlfriendGrapevine are organized by the users and not by GirlfriendGrapevine. You hereby absolve, release and waive any and all civil or criminal liability litigation claims or demands against GirlfriendGrapevine and its officers, volunteers, directors, leaders, consultants, employees which may arise out of or be related to any injury, damage or pecuniary loss to you or any member of your family by reason of involvement in any Activity organized by a user of GirlfriendGrapevine.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access GirlfriendGrapevine, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and GirlfriendGrapevine agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and GirlfriendGrapevine agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that GirlfriendGrapevine shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
- Notifications and Service Messages For purposes of service messages and notices about the services to you, GirlfriendGrapevine may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from GirlfriendGrapevine to an email address associated with your account, even if we have other contact information. You also agree that GirlfriendGrapevine may communicate with you through your GirlfriendGrapevine account or through other means including email, mobile number, telephone, or delivery services including the postal service about your GirlfriendGrapevine account or services associated with GirlfriendGrapevine. You may Contact Us. Or via mail or courier at: The Lilac Sun Group, LLC ATTN: Legal Department , 5405 Wilshire Blvd. #301, Los Angeles, CA 90036. Additionally, The Lilac Sun Group, LLC accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
- Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, GirlfriendGrapevine for any third party that assumes our rights and obligations under this Agreement.
- No informal waivers, agreements or representations Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by GirlfriendGrapevine shall be deemed legally binding on GirlfriendGrapevine, unless documented in a physical writing hand signed by a duly appointed officer of GirlfriendGrapevine.
The Lilac Sun Group, LLC, Los Angeles, California, USA, May 28, 2013.