These Terms of Use & Service (the “Terms” or the “Agreement”) are an agreement between You, as a user of the website www.OkGirl.com (“Website”), and Us, OkGirl® ("OkGirl", or "us").
These Terms govern your access to and use of the Website and the associated services offered through this Website (together with the Website, the “Service” or the “Services”). This Agreement supersedes all prior agreements between the parties, and your use of the Website and Services constitutes agreement to these Terms.
Your payments for use of the Services will be processed by OkGirl.
Our Privacy Policy, Cookie Policy, Payment Security and Refund Policy and Disclosures&Disclaimers are incorporated into this Agreement by reference, as well as any other policies, which may be adopted or introduced by us from time to time.
PLEASE NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 15 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICE(S). THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT.
FURTHERMORE, THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A CLASS ACTION WAIVER.
We may change these Terms on this page of the Website. We may notify you specifically about some critical changes, but are not obliged to do so in every case. Use of the Service after any changes are made means that you accept such changes. After getting notice of changes of the Terms, if you do not object and opt-out of the amended Terms within fourteen (14) days, the amended version of the Terms is binding upon you.
a. Eligibility
Before you create an account on OkGirl, make sure you are eligible to use the Services.
- You must be at least 18 years old to use the Website or to register for the Services (or the reciprocal age of majority in your state or jurisdiction);
b. Registration
You may register the account on the Website and become a Member of the Service at no cost.
To become a Member, you need to create an account by providing a valid email address, username, password and/or other information as prompted by the registration form or as required by applicable law.
We may also allow you to register by using your social network credentials.
Those Members who are referred to us by third-party service providers (“Trusted Members”) register with the Service by themselves.
C.Requirements to Profiles
registering, you are prohibited from selecting or using a username, which contains:
- the name of another person with the intent to impersonate that person;
- a name that is subject to any rights of a person other than you without appropriate authorization; or
- a name that is otherwise offensive, vulgar, or obscene.
Please note that we prohibit including in any Section of your Member profile any telephone numbers, street addresses, email addresses, links to pages, profiles and other content from social networks, other personal contact information, your last name or any URLs.
We reserve the right to reject any username or to terminate your username and give such username to another Member of the Service at our sole discretion, and without any liability to you.
d.Trusted Members. Suppliers
Trusted Members may have access to additional features of the Service and provide the User Content as defined in Section 4(d).
We may require Trusted Members to agree to terms of using the Service that may be different from, or additional to, the terms set forth in these Terms. In particular, Trusted Members may use the Service for free subject to certain terms and conditions.
To engage new Members to register on OkGirl, we purchase services from various third-party service providers (“Suppliers”). Among other services provided, Suppliers refer potential Members to us for registration on the Service. OkGirl does not pay, and prohibits Suppliers from paying in any manner, Members (including Trusted Members) for registration on the Service.
The Suppliers are independent contractors and are not our employees, agents or representatives. OkGirl is not responsible for the quality of Suppliers’ services, the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants, or representatives including, without limitation, their failure to deliver services, partial or inadequate delivery of services.
e. Non-Commercial Use of Website
Services are for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service for any purpose.
F. No Third-Party Beneficiaries
You agree that, except as otherwise provided in these Terms, there shall be no third-party beneficiaries to this Agreement.
We offer our Members a range of payable features (“Paid Features”) via the Website, including, but are not limited to:
The prices for the Paid Features are available for review either on the Member’s profile or prior to confirmation of the order and payment processing.
The Suppliers fulfill the following roles regarding Paid Features:
collect the Trusted Members’ paperwork; and
procure the full and correct translation services to facilitate communication between Members.
The Suppliers may also provide additional services upon request of the Member.
You may use Paid Features only by spending our virtual currency called “Credits”. In order to get the Credits, you pay real currency for them. Payments for the credits are charged in the US dollars unless you see another currency sign on the payment page.
In some cases, we may offer Paid Features for a flat fee payable each time you use a Paid Feature or depending on the amount of time you use a certain Paid Feature. In those cases, you agree to pay the fee stated on the Service.
Sometimes we may provide you with bonus Credits for free.
With regard to Credits you acknowledge and accept that:
- Credits are not real money;
- Credits do not have monetary value;
- Credits may not be sold, assigned, transferred or disposed of in any manner to any third party;
- Credits can only be used on the Website to pay for Services – i.e., they do not constitute means of payment and have value only within the Service;
- we say "buy", "purchase" or "sell" in reference to Credits only for convenience and it does not mean that Credits have monetary value or are real currency;
- we are not obliged to maintain or update your account balance. Our maximum liability or responsibility to you is to replenish the Credits lost and only in a limited number of cases provided in these Terms immediately below. We will not provide you with any real currency;
- we have no liability for hacking or loss of your Credits or any goods or services obtained with Credits (exception is a loss of Credits in your account due to technical or operational problems with the Service. In such case we will replenish the lost Credits once the loss has been verified);
- we may, without prior notification, limit the quantity of Credits and/or to refuse to provide you with any Credits;
- we determine price, exchangeability, and availability of Credits in our sole discretion and may change it anytime without notice;
- we have absolute right to manage, distribute, regulate, control, modify, cancel, restrict, terminate and/or eliminate Credits in our sole discretion, and we will have no liability for it.
- we are not liable to you for any damages or claims that may arise from the loss or use of your Credits under any circumstances.
Credits obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-exclusive, non-sublicenseable license to use within the Service. Credits may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right, or title in or to any such Credits appearing or originating in the Service, or any other attributes associated with use of the Service.
We may allow you to agree to a plan or arrangement in which a subscription or purchasing agreement continues until you cancel it.
We may provide you with an option to charge your credit card or other payment method automatically for a certain number of Credits every time the number of Credits requires replenishment, until you cancel this arrangement via the Service. This option is subject to your consent and/or activation via the Service only, and we may not proceed with automatic charging of your selected payment method without your prior consent.
You can activate or deactivate this option in your account settings in the Billing Section, as well as change the credits package selected for automatic purchasing at any time. We may also offer you this opportunity elsewhere on the Website (for example, on the payment page).
We may refuse to refund you both spent and unspent Credits in our sole discretion. We are obliged to provide you with refund only if the applicable law obliges us to do so.
At the same time, we outlined refund procedures and cases in which we may consider and agree to refund Credits in these Terms and our Payment Security and Refund Policy.
We may change our Payment Security and Refund Policy at any time, and changes are effective upon posting on the Website.
In any case, we have a right to refuse providing you any kind of refund if you have violated any provisions of these Terms.
By using the Service, you represent and warrant that:
you have never been convicted of a felony;
you are not required to register as a sex offender with any government entity;
all information you include in your Member profile is accurate, current, and complete;
you will ensure that this information is kept accurate and up-to-date at all times;
you will notify us immediately of any change in your contact details, including your email address;
you will not conceal from those with whom you correspond any information regarding infectious or incurable diseases, physical or psychological handicap, disabilities, or disorders you may have or may believe that you have, or any other adverse elements that may be deemed by a reasonable person to be unsuitable for relationships.
your use of the Service is in accordance with any and all applicable laws and regulations;
you have the right, authority, and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement;
you will not be engaged into any kind of activities that are prohibited.
This is a list of activities that we prohibit on the Website:
You shall not create duplicate profiles;
You shall not create an account with your friend or significant other;
You shall not upload, post, email, transmit or otherwise make available to other Members any chain letters or junk email, commercial advertisements, or any other form of commercial solicitation;
You shall not "stalk" or otherwise harass any person on the Service;
You shall not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
You shall not post, transmit, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
You shall not remove any copyright, trademark, or other proprietary rights notices contained on the Service;
You shall not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website;
You shall not post, email, or otherwise transmit 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 hardware or telecommunications equipment;
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
You shall not make illegal and/or unauthorized uses of the Services, including, but not limited to, collecting usernames and/or email addresses of other Members posted on the Service by any means for the purpose of sending unsolicited emails and/or unauthorized framing of, or linking to, the Service;
You shall not "frame" or "mirror" any part of the Service or the Website, without OkGirl prior written authorization. You also shall not use metatags or code or other devices containing any reference to OkGirl or the Service or the Website in order to direct any person to any other website for any purpose;
You shall not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so;
You shall not post or otherwise transmit any pornographic materials;
You shall not attempt to interfere with, harm, steal from, or gain unauthorized access to the Service, Member accounts, or the technology and equipment supporting the Service;
You shall not post or otherwise transmit incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
You shall not disclose personal information about another person or harass, abuse, or post or otherwise transmit objectionable material;
- You shall not post or otherwise transmit advertising or marketing links or content, except as specifically allowed by this Agreement;
You shall not conduct any kind of advertising to, or solicitation of, from one Members to other Members on the Service or using information obtained via the Service, unless you have not obtained specific consent to it from us;
You shall not use the Service in an unlawful or illegal way or commit an illegal act in relation to the Service including, without limitation, all laws associated with international money transfers;
You shall not access the Service from a jurisdiction where it is illegal or unauthorized;
You shall not collect usernames and/or email addresses of Members or Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service;
You shall not create any databases, websites, software, legal entities, and/or services that compete with the Website;
You shall not access or use (or attempt to access or use) the Service in any way that violates this Agreement.
Although OkGirl cannot monitor the conduct of its Members while not on the Service, it is also a violation of these Terms to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
In order to protect our Members from prohibited advertising or solicitation, we reserve the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number that we deem appropriate in our sole discretion.
We may conduct an investigation regarding possible breaches of the mentioned requirements from you. We reserve the right to:
ask for any additional documents and information necessary for investigation in accordance with our Privacy Policy; and
conduct checks or other screenings of your background (including criminal background in sex offender register searches), at any time and using available public records, social networks.
If such investigation shows that there is a violation by you, we deactivate your profile on the Website. In addition, we may take appropriate legal action against you because of such violation, without limitation, seeking civil, criminal, and injunctive redress.
You are solely responsible for the information, communications and content that you publish or display (“post”) on the Service, or transmit to other Members (“User Content”). You represent and warrant that you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein. You will not post on the Service, or transmit to other Members, any objectionable, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Service or to any other Member. If information provided to the Service, or another Member, subsequently becomes inaccurate, misleading, or false, you will promptly notify the Service of such change and you will take all reasonably necessary measures to correct the information.
The following is a list of examples of User Content that is illegal or prohibited on the Service:
1) is patently abusive and offensive to the online community, such as User Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person;
2) infringes, violates, or misappropriates any third-party right and/or applicable law in any other way, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; promotes information that is objectionable, inaccurate, false, defamatory, discriminatory, misleading, or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, discriminating, defamatory or libelous;
3) contains inflammatory religious commentaries or inaccurate or misleading quotations of religious texts;
4) promotes an illegal or unauthorized copy of another person's copyrighted work or protected by other intellectual property rights, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
5) contains realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence including images of lethal weapon;
6) is threatening or promoting any kind of terrorism or terrorist activities;
7) contains restricted or password only access pages, or pages requesting other Members to enter their personal or financial information, or hidden pages or images (those not linked to or from another accessible page);
8) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
9) promotes or advocates for commercial sexual services, commercial sexual services involving people under the age of 18, human trafficking or other non-consensual sexual acts;
10) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
12) has features of pornographic or adult content, including, but not limited, content that represents a sexual act, naked genitals or other graphic material; and/or
13) provides images of unaccompanied minors and/or
We may prohibit providing, posting and transmitting to other Members any kind of User Content depicting smoking, drinking alcohol, naked bodies (that do not necessarily constitute pornographic or adult content), and any other User Content.
We may investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the Service and terminating the access and membership of such violators.
We reserve the right to change or ask Members to change any inaccurate, misleading, or false User Content or profile information of the Members. If information provided to OkGirl, or another Member, only subsequently becomes inaccurate, misleading, or false, you will promptly notify OkGirl of such change and you will take all reasonably necessary measures to correct the information.
We may, but are not obliged to, monitor and remove any User Content for any reason. In particular, we may remove User Content that does not comply with the requirements of these Terms and our Policies.
We may use any of your User Content (including your photographs) and your endorsements, testimonials, or other comments in respect of your use of the Service (whether provided via the Service, other methods of communication, or otherwise), for displaying on the public pages of the Service, advertising or publicity.
We may use such Content in full or in part, and with such corrections of any grammatical, stylistic, or other similar shortcomings as we deem appropriate.
By posting or transmitting User Content to OkGirl, you automatically grant, and you represent and warrant that you have the right to grant, to OkGirl, its affiliates, licensees, and successors, an unrestricted, irrevocable, non-exclusive, fully sub-licensable, fully paid, worldwide license to: (a) use, copy, perform, display, reproduce, adapt, modify, publish and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content in any form, format, media, or media channels now known or later developed or discovered, and to grant and authorize sublicenses of the foregoing for the purpose of providing the Service to you; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that OkGirl and its sub-licensees are allowed to use them to the extent indicated in these Terms.
You hereby release, discharge and agree to hold OkGirl harmless from any causes of action in law or equity you may have or may hereafter acquire against OkGirl or any of its affiliates, licensees, and successors for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by OkGirl or its affiliates, licensees, and successors of your User Content.
If you do not wish us to do this, please contact us. More details on how we use your information are contained in our Privacy Policy.
OkGirl uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, OkGirl does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that OkGirl shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against OkGirl for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
In order to retain security of your account you hereby agree to undertake the following:
- to keep the confidentiality of the username and password that you designate during the registration process;
- to be fully responsible for all activities that occur under your username and password;
- in case of any unauthorized use of your username or password or any other breach of security immediately notify us, and ensure that you exit from your account at the end of each session;
- to do all possible actions to disable others to view or record your password or other personal information when you are accessing your account from a public or shared computer;
- not to authorize others to use your membership and not assign or otherwise transfer your account to any other person or entity.
Please note that we shall not be liable for any loss or damage arising from your failure to comply with this provision.
We put efforts to make your use of the Website safe and secure taking necessary protective and security measures. Nevertheless, any message or information you send through the Service may be possibly read or intercepted by others, even if there is a special notice that such message or information is encrypted or otherwise protected or secured.
Please note that we shall not be liable for any loss or damage arising from unauthorized use of your credentials by third parties.
You are solely responsible for your interactions with other Members. We are not responsible for the course of communication between our Members, including its quality, duration, motivation of the Members and any other possible issues.
Use caution and common sense when using the Service, especially when providing any information to other Members, including personal and financial information.
You acknowledge and agree:
- to assume all risks when interacting with any other Member while using the Service, including, but not limited to, sharing confidential information, sending money;
- not to provide your financial information to other Members;
- to take reasonable precautions in all interactions with other Members during both online and offline interaction.
- to review OkGirl' Community Guidelines (if any) prior to using the Service.
Please note that we disclaim all liability associated with the mentioned risks.
We do not guarantee that any opinions, advice, statements, offers, or other information or content from any Member or third party on the Service are accurate, complete, or reliable.
Such Members or third parties are solely responsible for such content. OkGirl does not hold any responsibility in this regard.
Please note that we shall not be liable for any loss or damage arising from your reliance on information or other content posted on the Service or transmitted to or by any Member or third party.
The Service may ask you to rate other Members’ photos or ask other Members to rate your photo.
The Service may also send you a notification of other Members visiting your profile (via email or on the Website) if a Member rates your photo or visits your profile on the Service.
You understand and agree that OkGirl has no control over any Member’s rating of your photo, or of your rating of the photos of other Members, and that OkGirl shall not be liable for any damage or harm arising out of or relating to same.
We make no representations or warranties that:
- you will experience specific results from the use of the Service;
- the conduct of Members and/or their compatibility with any current or future Members shall fit any of your expectations;
- we are able to secure any visas or other international travel documentation for any Members;
- we are obliged to and currently do conduct criminal background checks or screenings on all Members.
You assume all risk associated with interacting with any and all Members or other third parties, including without limitation the risk that information about a certain Member posted on the Service or information provided by a Member in the course of interactions with other Members via the Service may be false or misleading.
Please note that we shall not be liable for any disputes or disagreements between you and any other Member or third party you interact with using the Service.
You release OkGirl of all claims, demands, and damages in disputes among Members of the Service or other third parties. You also agree not to involve us in such disputes. You agree to resolve disputes directly with the other party.
To the fullest extent permitted by law, in no event shall OkGirl or its affiliates, officers, employees, agents, partners, and licensors (collectively, the "released parties") be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of, or relating to, the conduct of you or anyone else in connection with the use of the Service, including, without limitation, bodily injury, emotional distress, loss of business, lost profits, trade secret misappropriation, intellectual property infringement, and/or any other damages resulting from communications or meetings with other Members of this Service or persons you meet through the Service.
All Members of the Service hereby expressly agree not to sue or hold liable the released parties for any instruction, advice or services that originated through the Service, and the released parties expressly disclaim any liability whatsoever, to the fullest extent permitted by law, for any damage, suits, claims, and/or controversies that arise or are related in any way to the service, the information provided through the Service and/or the interaction(s) between any Members of the Service, whether arising under contract, tort or otherwise.
Without limiting other provisions of this Agreement (including the Privacy Policy), by using the Service, you agree to accept and consent to receiving electronic communications initiated from us regarding any issue arisen from this Agreement and Service.
All information communicated on the Service is considered electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with OkGirl electronically.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
By providing your mobile telephone number, you consent to receive text messages at that number as requested for account verification, message notifications, and other purposes related to the Service.
While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for those charges.
We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as we cannot control work of the cellular telephone operator or other networks.
We will use your mobile number in accordance with our Privacy Policy.
By providing your phone number, you consent to receive autodialed or prerecorded calls at the phone number that you provided, including any mobile telephone number and/or a number listed on any do-not-call list, to facilitate conversations between you and other Members; or otherwise provide our Services or enforce these Terms.
You are not required to provide your consent to these calls as a condition of purchase on the Service.
Standard telephone rates may apply.
We may monitor or record telephone conversations that we have with you or anyone acting on your behalf regardless you call us or we call you. We will use the results of monitoring and recording in accordance with our Privacy Policy.
When communicating with our customer service representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and behaving inappropriately anyhow.
If your behavior towards any of our representatives is such as described above, we may terminate your membership.
We respect your privacy and the use and protection of your personal information. Your submission of personal information through the Service is governed by our Privacy Policy. It contains important information and disclosures relating to the collection and use of your personal information by us.
We may suspend or terminate your use of the Services and/or membership at any time, at our sole discretion without cause and without notice. Payment Security and Refund Policy defines specific grounds for blocking of accounts due to payments security reasons.
For the purposes of these Terms:
“ Termination” means deletion of the account from the OkGirl’s servers and complete erasure of all data related to a Member Profile. At Member`s User’s request, we may retrieve all personal data and provide in a comprehensive and readable form.
“ Blocking” means temporary or permanent restriction of access to a Member Profile for violation of these Terms.
The decision regarding termination or blocking of the account is made each time by the OkGirl’s Customer Service at its sole discretion.
In particular, termination of account is possible as a result of its inactivity for three months, violation of these Terms, security reasons, etc.
You may terminate your membership at any time, for any reason, by contacting our Customer Service online at support@OkGirl.com.
If a person that was the Member of the Website is no longer able to receive the Service by reason of death or disability, such person or his/her legal representative or legal successor may contact us regarding termination of the account.
"Disability" means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be submitted to OkGirl.
If the physician determines that the duration of the disability will be less than six (6) months, we may extend the term of the Service contract for a period of six (6) months at no additional charge instead of terminating the account.
In order to protect the integrity of the Service, OkGirl reserves the right, at any time in its sole discretion, to block Members with certain IP addresses from accessing the Website. More so, potential Members originating or trying to get access to the Service from certain jurisdictions may also be denied access.
In particular, OkGirl may block Members with IP addresses from certain jurisdictions, including, but not limited to, those that are subject to sanctions of the United Nations Security Council, included into the OFAC Sanctions List or the EU consolidated list of persons, groups and entities subject to financial sanctions. However, users may be allowed to use the Services after going through the identity verification procedure at our sole and absolute discretion.
OkGirl may provide you with access to third-party links and websites over which we neither monitor nor have any control nor input.
You acknowledge and agree that OkGirl provides access to such third-party links and access to third-party websites "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of third-party links or websites.
Any use by you of third-party links or websites offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the third-party links and websites are provided by the relevant third-party provider(s).
OkGirl provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Service. You may not post, transmit, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You acknowledge and agree that OkGirl owns, licenses, or otherwise retains all proprietary rights in the Service and all intellectual property thereon and therein.
Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the sole and exclusive right to apply for the protection of the same on behalf of OkGirl and its licensors.
The Service contains the copyrighted material, trademarks, and other proprietary information of OkGirl and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
We do not tolerate infringing activity on or through the Service anyhow.
If we have any reasons to believe in good faith that User Content and/or any kind of information violates intellectual property rights of a third party by being made available on or through the Service, upon notice from an intellectual property owner or his or her agent, we:
(i) remove or disable access to material; and
(ii) remove any User Content uploaded to the Service by "repeat infringers".
"Repeat infringer" is a Member that has uploaded User Content to or through the Service and about whom OkGirl has received more than two takedown notices compliant under applicable law with respect to such User Content.
However, we may terminate the account of Member after receipt of a single notification of claimed infringement.
If you believe that any content made available on or through the Service infringes your intellectual property right, please promptly send a written "Notification of Claimed Infringement" containing the following information to the designated agent identified below. OkGirl may share your Notification of Claimed Infringement with the Member that is possible infringer, and you consent to making such disclosure by OkGirl. Your communication must include substantially the following:
You should consult with your own lawyer and/or review applicable law regarding copyright or other intellectual property infringement to confirm your obligations to provide a valid notice of claimed infringement.
Designated agent of OkGirl for receipt of Notifications of Claimed Infringement can be contacted at e-mail: legal@okgirl.com
OkGirl reserves the right to seek damages from any party that submits a false notification in violation of the law , as provided for by applicable law.
Except where otherwise inapplicable or prohibited by law to the fullest extent permitted by law, you expressly understand and agree that your use of the Service is at your sole risk, and the Service is provided on an "as is" and "as available" basis.
The released parties (as defined above in Section 6(e)) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement as well as any and all warranties as to products or services offered by businesses listed on the service. The released parties make no, and expressly disclaim any warranty that:
(i) the Service will meet your requirements,
(ii) the Service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Service, including data, will be accurate or reliable,
(iv) the quality of any data or service available on the Service will meet your expectations, and
(v) any errors in the service will be corrected.
Any material obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.
We cannot guarantee and do no promise any specific results from use of the Website and/or the Service. You agree also to take the risks of interruption of the Service for any technical reasons.
Any statement that may be posted on the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.
OkGirl makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
We may change all the information provided on the Service at our sole discretion without notice.
We may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
Except where otherwise inapplicable or prohibited by law you expressly understand and agree that, to the fullest extent permitted by law, the released parties shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OkGirl has been advised of the possibility of such damages), resulting from:
(a) the use, attempted use, or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting from any data, information, or services obtained or messages received or transactions entered into through, from, or as a result of the Service;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any user or third party on the Service;
(e) your reliance on content or data made available by us; or
(f) any other matter relating to the Service.
Even if OkGirl is found liable under any theory, OkGirl’ liability and your exclusive remedy will be limited to the greater of the fees you have paid to OkGirl or $100.
This limitation of liability shall apply for all claims, regardless of whether OkGirl was aware of or advised in advance of the possibility of damages or such claims. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless OkGirl and all of its subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any third party resulting from or in any way connected with or related to your use of the Service in violation of this Agreement and/or your breach of this Agreement and/or any of your representations and warranties set forth above.
OkGirl reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and fully indemnify, OkGirl in connection therewith.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION 15 ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH OkGirl AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
This Arbitration Agreement governs any dispute between you and OkGirl (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and OkGirl, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) you may assert claims in small claims court if your claims qualify within the scope of your jurisdiction; and (2) you or OkGirl may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
The relevant arbitrator shall have sole authority to determine applicability of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR OkGirl AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION AGREEMENT, ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTIES CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in court with jurisdiction or in other relevant state authority to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending electronic notice of your decision to opt out to legal@OkGirl.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. Otherwise you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of this Arbitration Agreement, OkGirl also will not be bound by it.
In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19.a "Governing Law and Venue."
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 19.a "Governing Law and Venue," and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.
This Arbitration Agreement will survive any termination of your use of the Services.
We reserve the right, at our sole discretion, to change the Agreement from time to time and at any time and without prior notice by
The changes shall be effective upon such posting by us or upon us giving you such notice, whichever is the earlier (unless we expressly indicate otherwise).
It is your responsibility to check the Service and your email account periodically for changes to these Terms and other parts of the Agreement.
Your continued use of or access to the Service following the effective date of any changes to the Agreement constitutes acceptance of those changes. This Agreement may not be changed by you, unless any changes proposed by you are expressly accepted by OkGirl in writing
Any new features which are added to the Service shall also be subject to the Terms.
In this clause, the terms "change" and "changed" in relation to changes to the Agreement shall be interpreted broadly and shall include any and all modifications, amendments, revisions and restatements whatsoever, including adding or removing any portions of this Agreement.
We may assign or transfer all of our rights and obligations hereunder to any other person, whether by way of novation or otherwise, and you hereby give us consent to any such assignment and transfer.
You agree that posting on this Website of a version of this Agreement indicating another person as a party to this Agreement will constitute sufficient notice to you of the transfer of our rights and obligations under the Agreement with you to that party (unless otherwise is expressly indicated).
Without prejudice to the provisions of the preceding clause, we may choose to notify you of changes to this Agreement by posting a notice via the Service, by sending you an email, or otherwise.
If we choose to notify you about changes to this Agreement or about other matters by email, each such notification shall be effective and shall be deemed received by you immediately after being sent to the email address you have provided to us, even if:
(a) our email notification is filtered as a spam, junk, bulk, or other undesirable or low-priority message and is not displayed in your email inbox; or
(b) you do not actually read it for any other reason.
To reduce the chance that it is so filtered, please add legal@OkGirl.com to your email contact book and whitelist this address as a "safe" or "approved" sender. In addition, you may wish to create a custom filter marking emails from this address as important emails for your high-priority inbox. Please contact your email service provider if you are not sure how to do any of that.
This Agreement will take full force and effect when you access the Service and will remain in effect while you use the Service until your account is terminated for whatever reason.
After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination including, but not limited to, Sections 4, 6-20.
We reserve the right to take further action for our loss or the potential loss of other Members or third parties when necessary due to your breach of this Agreement, in our sole discretion.
You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "I ACCEPT", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.
Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Service.
Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of Credits by other than electronic means.
Except as otherwise specified herein, this Agreement shall be governed by and construed in accordance with the law of England and Wales.
To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of England and Wales to settle any disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts.
The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and waive any defenses of improper venue or forum non conveniens.
This Agreement and all other provisions referenced herein contain the entire agreement between you and OkGirl regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
OkGirl shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server or software, for so long as such event continues to delay OkGirl’ performance.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OkGirl as a result of this Agreement or use of the Service.
Use of Section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.
Please Contact Us with any questions regarding this Agreement.
Customer Support, OkGirl.com
E-mail: support@okgirl.com
All Rights Reserved.
