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Terms & Conditions
THE CURVY CHICK, Inc.
Terms & Conditions
1. CONDITIONS OF USE
A. Your use of The Curvy Chick, Inc. (hereinafter “CURVY CHICK”) website expressly
indicates your acceptance of and agreement to abide by these terms & conditions
of use for the CURVY CHICK website. If you do not agree with these terms &
conditions, you may not use this service.
B. The Curvy Chick, Inc., as well as its agents and assignees, as applicable,
reserve the right, in their sole discretion, to modify, alter or otherwise update
these Terms & Conditions at any time and you agree to be bound by such modifications,
alterations or updates. You agree to review these Terms & Conditions on a
periodic basis.
C. CURVY CHICK reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or governmental
request. In addition, CURVY CHICK reserves the right to remove, move, edit or
refuse to post content that it, in its sole discretion, deems abusive, defamatory,
obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
D. As a condition of your use of the CURVY CHICK website, you will not use the
site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the CURVY CHICK website in any manner which could
damage, disable, overburden, or impair the site (or the network(s) connected to
the site) or interfere with any other party's use and enjoyment of the site. You
may not attempt to gain unauthorized access to the CURVY CHICK website, other
accounts, computer systems or networks connected to the site, through hacking,
password mining or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available through
the CURVY CHICK website.
2. USE OF SERVICE
A. The CURVY CHICK website may contain e-mail services, auctions, bulletin board
services, chat areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication facilities designed
to enable you to communicate with others (collectively, "Communication Services").
You agree to use the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using
a Communication Service, you will not:
1 - Use the Communication Service in connection with surveys, contests, pyramid
schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
2 - Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
3 - Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
4 - Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents to do the same.
5 - Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer or property of another.
6 - Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages,
such as the auction site (see additional terms and conditions related to such
site).
7 - Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such manner.
8 - Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
9 - Restrict or inhibit any other user from using and enjoying the Communication
Services.
10 - Violate any code of conduct or other guidelines which may be applicable
for
any particular Communication Service.
11 - Harvest or otherwise collect information about others, including e-mail
addresses.
12 - Violate any applicable laws or regulations.
13 - Create a false identity for the purpose of misleading others.
14 - Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity any directory of users of the site or other user or usage information
or any portion thereof.
B. CURVY CHICK has no obligation to monitor the Communication Services. However,
CURVY CHICK reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. CURVY CHICK reserves the right
to terminate your access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever.
C. Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. CURVY CHICK does
not control or endorse the content, messages or information found in any Communication
Service and, therefore, CURVY CHICK specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Users, advertisers and affiliated third parties
are not authorized CURVY CHICK spokespersons, and their views do not necessarily
reflect those of CURVY CHICK.
D. Materials uploaded to the Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination, you are responsible for adhering
to such limitations if you download the materials.
E. CURVY CHICK does not claim ownership of the materials you provide to CURVY
CHICK (including feedback and suggestions) or post, upload, input or submit the
site or its associated services for review by the general public (each a "Submission"
and collectively "Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting CURVY CHICK, its affiliated companies
and necessary sublicensees permission to use your Submission in connection with
the operation of their Internet and related businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your name
in connection with your Submission. No compensation will be paid with respect
to the use of your Submission, as provided herein. CURVY CHICK is under no obligation
to post or use any Submission you may provide and CURVY CHICK may remove any Submission
at any time in its sole discretion. By posting, uploading, inputting, providing
or submitting your Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
F. You agree to indemnify CURVY CHICK for any and all claims, damages, losses
and causes of action arising out of your publication or transmittal of Non-Approved
Material or your failure to comply with these Terms & Conditions.
3. TRADEMARK AND COPYRIGHT
A. The Curvy Chick and related marks and logos are trademarks of CURVY CHICK.
All material on this site, including, but not limited to images, illustrations,
text, audio clips, and video clips (collectively, the “Content”) are protected
by copyrights owned or controlled by CURVY CHICK, with the exception of material
supplied to CURVY CHICK and/or generated by users, advertisers, or affiliated
third parties, in which case such material is used by permission or is a matter
of public record or domain. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING,
UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL
IS PROHIBITED.
B. CURVY CHICK grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of CURVY CHICK. This license does not
include any resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative use of
this site or its contents; any downloading or copying of account information for
the benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion of this site may
not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of CURVY CHICK. You
may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
CURVY CHICK and our affiliates without express written consent. You may not use
any meta tags or any other "hidden text" utilizing CURVY CHICK’s name or trademarks
without the express written consent of CURVY CHICK. Any unauthorized use terminates
the permission or license granted by CURVY CHICK. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of CURVY CHICK so
long as the link does not portray CURVY CHICK, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any CURVY CHICK logo or other proprietary graphic or trademark
as part of the link without express written permission.
4. INTERNET SITES
The Internet Sites linked, affiliated or posted in the website are for your convenience
only and you access them at your own risk.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
A. The information and related graphics published on this server could include
technical inaccuracies or typographical errors. Changes are periodically added
to the information contained herein. CURVY CHICK is not responsible or liable
for any inaccuracies in the information or material posted on this site, and does
not endorse, support, represent or guaranty the truthfulness, accuracy or reliability
of any material or information supplied or generated by users, advertisers, or
affiliated third parties. You acknowledge that any reliance on material contributed
or posted on the site will be at your own risk. CURVY CHICK is not responsible
for any special, indirect, incidental or consequential damages that may result
from: (i) the use of, or the inability to use, the materials contained on this
site, whether the material is provided or otherwise supplied by CURVY CHICK or
anyone else; or (ii) from loss of use, data or profits, whether in an action of
contract, negligence or other tortious action, arising out of or in connection
with the use or performance of information available from this server or any other
server accessed through CURVY CHICK’s server. CURVY CHICK is not responsible or
liable for any infections or contamination of your system.
B. CURVY CHICK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
FOUND HEREIN WILL BE UNINTERRRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU (AND NOT CURVY CHICK) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRETION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS." CURVY CHICK DISCLAIMS, TO
THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT
YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE. NEITHER CURVY CHICK NOR ANY
PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR ANY ASPECT
THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT,
OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS
WEBSITE, OR ERRORS OR OMISSSION IN THE CONTENT THEREOF, EVEN IF CURVY CHICK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL USERS AGREE THAT ACCESS TO
AND USE OF THE CURVY CHICK SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK.
C. The site is controlled and operated by CURVY CHICK from its office in Palm
Beach County, Florida, United States of America. CURVY CHICK makes no representation
that materials in this site are appropriate or available for use in other locations.
Those who choose to access this site from other locations do so at their own risk
and are responsible for compliance with any and all local laws, if and to the
extent local laws are applicable. No software from this site may be downloaded
or otherwise exported or re-exported: (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s
list of Specially Designated Nationals or the U.S. Commerce Department’s Table
of Deny Orders. By downloading or using any software from this site, you represent
and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
6. JURISDICTION
This Agreement shall be governed by, construed and enforced in accordance with
the laws of the State of Florida, as it is applied to agreements entered into
and to be performed entirely within such State. Any action you bring to enforce
this agreement or any matters related to this site shall be brought in either
the State or Federal Courts located in Palm Beach County, Florida. If any provision
of this Agreement is void or unenforceable in whole or in part, the remaining
provisions of this Agreement shall not be affected thereby.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you wish to become a member of the CURVY CHICK site, you must open an account
and complete the registration process by providing us with current, complete and
accurate information as prompted by the applicable registration form. You then
will choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify CURVY CHICK immediately of any unauthorized use of your account or any
other breach of security. CURVY CHICK will not be liable for any loss that you
may incur as a result of someone else using your password or account, either with
or without your knowledge. However, you could be held liable for losses incurred
by CURVY CHICK or another party due to someone else using your account or password.
You may not use anyone else's account at any time, without the permission of the
account holder. CURVY CHICK does sell products to children, but only to adults,
who can purchase with a credit card or other form of acceptable payment. If you
are under 18, you may use CURVY CHICK only with involvement of a parent or guardian.
CURVY CHICK and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
8. ELECTRONIC COMMUNICATIONS
When you visit the CURVY CHICK site or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
9. CURVY CHIC BOUTIQUE
A. CURVY CHICK prides itself in providing quality merchandise. Please understand
that some featured items may be available only in limited quantities or only while
supplies last. On occasion, in limited instances, that may mean that certain items
displayed on the site may no longer be available. Once an item is out of stock,
CURVY CHICK will attempt to remove the item promptly from display on the site.
However, display of an item is not a guarantee that the item is available. Should
you have any questions concerning the availability of a particular item, please
e-mail CURVY CHICK directly and inquire about such item. CURVY CHICK will make
every reasonable effort to display its merchandise on the site as accurately as
possible. Unfortunately, various factors, including the display and color capabilities
of your computer monitor, may significantly affect what you actually see on your
screen. As a result, CURVY CHICK does not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current, or error-free
and therefore cannot be held responsible for the display of any color, texture
or detail of its merchandise on your computer screen and cannot guarantee the
accuracy thereof. However, if you are dissatisfied with any item you purchase
from CURVY CHICK, you can return it to us in an unused condition under the existing
“return and exchanges” policy then in effect.
B. Prices displayed on the site are quoted in U. S. currency and are valid and
effective only in the United States. Prices are subject to change at any time.
C. CURVY CHICK will use reasonable efforts to include accurate and current information
on the site, but CURVY CHICK makes no warranties or representations regarding
the accuracy of such information.
D. All items purchased from CURVY CHICK are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
© Copyright 2003 - 2005. All rights reserved.
Curvy Chick™ and Curvention™ are a registered trademarks of The Curvy Chick,
Inc.
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