TERMS AND CONDITIONS
This is a binding agreement. This website (“Site”) is the property of Girl Trip LLC (“Girl Trip”). You must be at least 13 years of age to use this Site. Your use of this Site, and any information, services and products made available through this Site (collectively the “Service/s”) is subject to your agreement to the binding terms and conditions set forth herein, as may be amended from time to time by Girl Trip.
By clicking “I Agree”, located at the bottom of these terms and conditions, or by your use of this Site, you agree to such binding terms and conditions. If you do not agree to be bound by these terms and conditions, then please do not proceed any further and do not access or use this Site or any of the Services made available herein.
Use of this Site is solely at Girl Trip’s discretion, and Girl Trip reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this Site. You are not granted any rights in or to this Site other than the limited right to use this Site and the Services in accordance with the terms of this agreement and the policies and procedures that Girl Trip may adopt and make available from time to time. Girl Trip may terminate your access to this Site at any time with or without cause.
Please note: when you are required to open an account to use or access this Site or Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, user name, or password. Girl Trip shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Girl Trip, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Your Contributions to Girl Trip
We want to hear from you! Girl Trip’s mission is to change the world – to show girls that their voice matters. To share this intention we want to share your story via Tumblr, Twitter, our blog, YouTube, Facebook, Pinterest, Instagram, Vimeo or any other method available to us. Send us your comments and/or story and/or photos and/or any other materials owned or controlled by you (collectively the “User Submission/s”) and you may be featured on Girl Trip!
Please follow Girl Trip’s rules of protection when commenting and submitting: (a) no last names, no addresses, no personally identifiable information; (b) no libelous, defamatory, obscene, pornographic, abusive, or threatening materials; and (c) no materials advocating conduct that could constitute a criminal offense.
While you retain ownership of your User Submission, you hereby grant to Girl Trip a perpetual transferable royalty-free license to copy, edit, distribute, publicly display and publicly perform, translate, reformat, and otherwise exploit User Submissions at Girl Trip’s sole discretion. You will not be compensated for User Submissions.
By providing us with User Submissions you represent and warrant that you own all rights to the User Submissions or are otherwise authorized to distribute and otherwise exploit such content, and hereby agree to forever release Girl Trip from any and all demands and claims, known or unknown, which may arise out of Girl Trip’s use or other exploitation of such User Submissions.
User Submissions will be moderated. What this means is that: We reserve the right to not publish your submissions. We will remove all User Submissions if properly notified that such User Submission infringe the rights of any third parties. We reserve the right, at our sole discretion, to remove User Submissions without prior notice to you.
Girl Trip has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Girl Trip has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Girl Trip or of a third party, or otherwise violated any intellectual property laws or regulations. Girl Trip’s policy is to investigate any allegations of copyright infringement brought to its attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Girl Trip to delete, edit, or disable the material in question, you must provide Girl Trip with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Girl Trip to locate the material; (d) information reasonably sufficient to permit Girl Trip to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Girl Trip’s designated agent at:
Girl Trip LLC
1701 North Ogden Drive
West Hollywood, CA 90046
Intellectual Property & Proprietary Information
This Site contains information that may be proprietary to Girl Trip and/or its business partners and customers (“Proprietary Information”) including, but not limited to, (i) the Site’s look, feel and embodied know-how, ideas, concepts, stories, logos and images and (ii) information and data related to Girl Trip, its business partners and its or their customers. Any unauthorized use of such Proprietary Information and other materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Therefore, you agree to behave yourself and not use this Site or the Proprietary Information or other materials on this Site in a manner that may violate any such rules and laws. You agree to comply with all applicable laws and regulations regarding your access to and use of the Site, Proprietary Information on the Site and the Site’s Services.
If you make purchases on this Site and pay by credit card, you grant to us permission to charge all fees incurred using the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned to us for any reason, we may either suspend or terminate your account and all services under this agreement and you will personally owe us any unpaid or owed balance. You will also be responsible for paying any and all applicable taxes relating to your purchases, including, without limitation, excise, sales, use or value added taxes, which may be imposed by any taxing authority.
In the event a product is listed on the Site at an incorrect price or with incorrect information, Girl Trip reserves the right to correct such information and price without liability and orders for such products will be revised to reflect the correct price or information. Girl Trip reserves the right to reject any orders placed on the Site with or without cause.
Limited Warranty & Returns
Girl Trip warrants to the original purchaser that products sold from this Site shall be free from defects in material and workmanship for a warranty period of ninety (90) days from purchase. In addition, if for any reason you are not completely satisfied with your purchase, you may, at your expense, return your item(s) within ten (10) days of your receipt of such item(s). After ten (10) days, Girl Trip shall not accept returns for any reason other than defects.
To return an item:
- Pack and return the item in the original packaging and shipping box, if possible.
- Include the original receipt, packing slip and your reason for return. If an item is claimed to be defective, please provide a description of such defect.
- Address and mail package to:
1701 North Ogden Drive
West Hollywood, CA 90046
Except as expressly stated herein, Girl Trip makes no representations or warranties, either express or implied, of any kind with respect to products sold or services provided on the Girl Trip Site. This Site and any information, product, material and/or service obtained by you from this Site, including, without limitation, the Services, are provided “as-is”, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. In no event, whether based on contract, tort (including, without limitation, negligence), equity, indemnity, warranty, and strict liability or other theory, shall Girl Trip be liable for indirect, incidental, consequential, special, exemplary, punitive or any other damages whatsoever including, without limitation, loss of profit or revenue.
Limitation of Liability
You assume full responsibility and all risk of loss resulting from your use of this Site and any information or products sold on this Site and/or received by you from your use of this Site. Under no circumstances shall we, or any of our employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents or representatives be liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages, arising out of or relating in any way to this Site and/or any materials contained on this Site, any linked Site or any product or service purchased through this Site. Our total liability shall be limited to any amount paid by you to use this Site or for the cost of products purchased by you from this Site, and you hereby release us and our employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents and representatives from any and all suits, obligations, damages, liabilities and claims, known or unknown, in excess of such limitation.
California Use Only
The Site is controlled and operated by Girl Trip from its offices in the State of California. Girl Trip makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as our purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
This agreement constitutes the entire agreement between you and us. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way limits any section or provision herein. This agreement is not assignable by you except with our prior written consent. If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Choice of Law
The laws of the State of California shall govern this agreement, without regard for its conflict of laws principles. Any dispute arising out of or relating to this agreement shall be resolved exclusively in Los Angeles County, California and only by arbitration in accordance with the rules of the American Arbitration Association or JAMS. The parties hereto shall bear their own costs in connection with such arbitration and submit to the exclusive jurisdiction of such arbitration proceedings. The prevailing party shall be entitled to reasonable attorneys’ fees. The parties hereto understand that by submitting their dispute to arbitration, they are waiving their right to a jury trial, and agree to waive such rights.
© 2012 Girl Trip LLC. All rights reserved
Girl Trip LLC
1701 North Ogden Drive
West Hollywood, CA 90046
PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is under age 13, we will promptly delete that user’s account.
TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of non-personally identifiable information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password so you do not have to re-enter it each time you visit the Site. The “Help” section of the toolbar on most browsers should be able to tell you how to prevent your browser from accepting new cookies, how to have your browser notify you when you receive a new cookie, or how to configure your browser to reject cookies altogether. However, if you disable cookies, you might not be able to access important functions or features of the Site and your use of the Site may be limited. We also may use a third-party tracking service that uses tracking technologies to track non-personally identifiable information about visitors to our Site in the aggregate.
PERSONAL INFORMATION COLLECTED. In order for you to access certain premium, services and to purchase products that we offer via the Site, we may require you to provide us with personally identifiable Personal Information. Such Personal Information includes, but is not limited to, the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); (2) Financial Data (such as your bank account or credit card number); and (3) Demographic Data (such as your address, zip code, age, and income). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.
GIRL TRIP’S USE OF INFORMATION. We may use Personal Information to register you with the Site, open an account with the Site, to process purchase orders that you place through the Site, to respond to your inquiry or the issue you pose to the Site administrator, to post your submissions to the Site and to provide information to others regarding your use of the Site. We may also use Personal Information to notify you about products and services that may be of interest to you.
For example, we use Contact Data to send you information about our company or our products or services, or promotional material from some of our partners, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services. We use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences.
If you wish to subscribe to a newsletter that we may offer to you, we will use your email address to send the newsletter to you. Out of respect for your privacy, we will provide you a way to unsubscribe. If you no longer wish to receive our newsletter and/or promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at firstname.lastname@example.org.
SHARING OF PERSONAL INFORMATION. We may share certain categories of information we collect from you. We may share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. We may share Contact Data with other companies who may want to send you information about their products or services. We also may share Contact Data and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site.
We also may disclose or transfer Personal Information (and any related information) as necessary or appropriate: to effectively process orders; to protect the security of the Site; to protect ourselves and our affiliated companies against liability; to protect our customers; to respond to subpoenas, judicial processes, or legitimate requests by law enforcement officials; if we believe in good faith that the law requires it; to the purchaser in connection with any sale, assignment, or other transfer of all or a part of our business or company; or where we believe in good faith that it is in the interest of the health, safety or protection of any third party. In any of these situations, the recipient of the Personal Information may be located in the United States or another jurisdiction that may not provide an equivalent level of data protection to the laws in your home jurisdiction.
Links to Other Sites. This Site may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites or any third party sites, blogs, etc. This privacy statement applies only to information collected by this Site.
Security. The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). However, it is important to note that transmissions over the Internet are never 100% secure or error-free. As a result, we do not, and cannot, guarantee the security, accuracy, or completeness of Personal Information. However, we do take efforts to maintain reasonable physical, electronic, and managerial procedures to protect Personal Information against unauthorized disclosure or access.
Girl Trip LLC
1701 North Ogden Drive
West Hollywood, CA 90046