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Terms & Conditions

by Lynn

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE

By using this site you affirm that you are able and legally competent to agree to and comply with these Terms & Conditions. If you do not agree with any of these Terms & Conditions, do not use the thatgirleveryday.com Website.

These Terms & Conditions May Change

That Girl Everyday reserves the right to update or modify these Terms & Conditions at any time without prior notice. Your use of the thatgirleveryday.com Website following any such change constitutes your agreement to follow and be bound by the Terms & Conditions as changed. For this reason, we encourage you to review these Terms & Conditions each time you use this Website.

Intellectual Property Rights

The Sites contain valuable trademarks and service marks owned and used by That Girl Everyday, including but not limited to, That Girl Everyday, the That Girl Everyday design logo. Any use of the That Girl Everyday logo without the prior written permission of That Girl Everyday is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the That Girl Everyday logo, images, text, graphics, and other content or material (collectively, the “Site Content“), are the sole and exclusive property of That Girl Everyday. The images on this website have been licensed by Shutterstock and redistribution from this website is strictly prohibited .

Accuracy and Integrity of Information

That Girl Everyday warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, That Girl Everyday shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party, and makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of any such information or Content.

That Girl Everyday makes no representations, warranties or guarantees whatsoever about any other website that you may access through this Site, or any products advertised by third party vendors on the Site, including with respect to any pricing information for such third party products advertised on the Site. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content or any products marketed on that website. Your use of any non-Company website, including any transactions engaged in connection therewith, may be subject to applicable third party terms and conditions. We encourage you to be aware when you leave our Site and to read the applicable terms of use, terms of service, or other terms and conditions of each and every website that you access. In addition, a link to a non-Company website or an advertisement for a third party product does not mean that Company endorses or accepts any responsibility for the use of such linked website, or for the content on an such linked website, including any products advertised or sold thereon. It is up to you to take precautions to ensure that whatever you select for your use, purchase or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. Your communications and dealings with third parties through links to non-company websites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such communications and dealings are solely between you and the applicable third party. If you decide to access any of the third party websites linked to this site, you are doing so at your own risk. 

We may run advertisements, publish content from advertisers, or share affiliate links for which we sometimes receive compensation or commission. 

User-Generated Content

From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users (“User Content“).You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.By submitting User Content, you represent and warrant to That Girl Everyday that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize That Girl Everyday to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate That Girl Everyday’s Acceptable Use of Website.As between you and That Girl Everyday, you will retain all of your ownership rights in and to your User Content. By submitting User Content to That Girl Everyday, you hereby grant to That Girl Everyday a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that That Girl Everyday (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms & Conditions. That Girl Everyday does not endorse any User Content or any opinion, recommendation, or advice expressed therein. That Girl Everyday reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. That Girl Everyday has the right to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Sites for any reason. That Girl Everyday takes no responsibility for User Content.

Social Media Tag Usage

By using #ThatGirlEveryday, @ThatGirlEveryday and any other similar social media tag in any way related to any of the sites, each user agrees to provide That Girl Everyday with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the uploaded image(s) in any and all marketing materials, on sponsor’s websites, and through all social media channels. Each user represents and warrants that uploaded images do not infringe the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights.

Order Placement

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. That Girl Everyday reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and That Girl Everyday reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). That Girl Everyday reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at That Girl Everyday’s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from That Girl Everyday (as/when available), or use a mobile application, the following additional terms and conditions also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms & Conditions. By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from That Girl Everyday. By agreeing to receive SMS messages from That Girl Everyday, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider.

Communications with That Girl Everyday

For all communications made to or with That Girl Everyday, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and That Girl Everyday will have no obligation to protect your communications from disclosure; (ii) That Girl Everyday will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) That Girl Everyday will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to That Girl Everyday shall be and remain the exclusive property of That Girl Everyday. Your submission of any such Comments shall constitute an assignment to That Girl Everyday of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.

For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

You promise that:

  • you own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and
  • Your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Comments for any reason. We may remove Comments from the Thatgirleveryday.com Website for any reason.

Right to Access

You must be at least age 13 to use the sites. By using the sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the sites. If you are a parent or guardian that provides consent to your teenager’s registration with and use of the sites, you agree to be bound by these terms in respect of such teenager’s use of the sites.

Outages

That Girl Everyday periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that That Girl Everyday has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

Indemnification

You agree to indemnify and hold That Girl Everyday and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms & Conditions or (iii) your violation of any rights of another user.

Termination

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms and conditions. You agree that That Girl Everyday, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if That Girl Everyday believes that you have violated or acted inconsistently with these Terms & Conditions or for any other reason. That Girl Everyday also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that That Girl Everyday may bar any further access to the Sites. Further, you agree that That Girl Everyday will not be liable to you or any third-party for any termination of access to the Sites.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms & Conditions set forth the entire Agreement between you and That Girl Everyday with respect to use of the Sites and supersede any prior agreements between you and That Girl Everyday relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with That Girl Everyday’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. That Girl Everyday’s performance of these Terms & Conditions is subject to existing laws and legal process, and nothing contained in these Terms & Conditions is in derogation of That Girl Everyday’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by That Girl Everyday with respect to such use. A printed version of these Terms & Conditions and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms & Conditions must be written in the English language.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by contacting us on info@thatgirleveryday complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.

Questions?

If you have questions, comments or complaints about these Terms or the Sites, please contact us here