Terms and Conditions
Last Updated: 7 March 2008
The Terms and Conditions of use set forth herein apply to the entire group of websites owned, operated, licensed, or controlled by Allergic Girl Resources, Inc.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER Allergic Girl Resources, Inc. WEBSITE.
Your continued use of this site or any other Allergic Girl Resources, Inc. website will mean you accept these terms. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.
RESTRICTIONS ON USE OF MATERIALS:
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this website or any other Allergic Girl Resources, Inc. website are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed by Allergic Girl Resources, Inc. . No material from this website or any other Allergic Girl Resources, Inc. website may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way. You may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein is strictly forbidden.
Modification: Modification of the materials or use of the materials for any other purpose is a violation of Allergic Girl Resources, Inc. 's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Allergic Girl Resources, Inc. .
Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Allergic Girl Resources, Inc. to either a foreign national or a foreign destination in violation of such laws.
Usage by Children Under 13: Allergic Girl Resources, Inc. cannot prohibit minors from visiting this site. Allergic Girl Resources, Inc. must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
FORUMS AND PUBLIC COMMUNICATION:
"Forum" means a discussion group, chat area, bulletin board, news groups, letters to the editors, webmaster(s) or employees, or e-mail function offered as part of this website or any other Allergic Girl Resources, Inc. website. You shall not upload to, distribute through, or otherwise publish through a Forum on this website or any other Allergic Girl Resources, Inc. website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of this website or any other Allergic Girl Resources, Inc. website to join or become members of any commercial online or offline service or other organization is expressly prohibited.
It is our policy to respect the privacy of all guests. Therefore, subject to the terms of the Allergic Girl Resources, Inc. privacy statement, in general, we will not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of this website or any other Allergic Girl Resources, Inc. website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Allergic Girl Resources, Inc. ; (2) protect and defend the legitimate business interests, rights or property of Allergic Girl Resources, Inc. , it's users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
NO WARRANTIES OR REPRESENTATION:
THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO Allergic Girl Resources, Inc. , ITS OWNERS, EMPLOYEES , AGENTS AND ITS AFFILIATES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Allergic Girl Resources, Inc. BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE OR ANY OTHER Allergic Girl Resources, Inc. WEBSITE, EVEN IF Allergic Girl Resources, Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Allergic Girl Resources, Inc. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR ANY OTHER Allergic Girl Resources, Inc. WEBSITE(S).
GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of New York and jurisdiction therefore shall rest solely in New York, USA.
Consents and Waivers:
The failure of a Allergic Girl Resources, Inc. at any time to require, insist upon or enforce performance of any provision hereof shall not be construed as a waiver or affect its right at a later time to enforce the same. No waiver by a Party of any condition or any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver of any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Indemnification:
You agree to indemnify, defend and hold harmless Allergic Girl Resources, Inc. , its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from Your use of this Site.
Force Majeure:
Allergic Girl Resources, Inc. shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the Internet access service being used by Allergic Girl Resources, Inc. to link its servers to the Internet.
Modification:
Allergic Girl Resources, Inc. reserves the right to change the terms, conditions, policies and guidelines for the Site, including this Agreement. You are responsible for regularly reviewing these terms, conditions, policies and guidelines, and any additional terms posted on the Site. Your continued use of the Allergic Girl Resources, Inc. Sites and Services constitutes Your agreement to all such terms, conditions, policies and guidelines. Any changes may be posted without notice, and will become effective when posted on the Site.
Notices:
All notices required under this Agreement shall be made in writing and shall be delivered either by conventional mail, overnight courier, or other commercial delivery services. All notices to Allergic Girl Resources, Inc. must be made in writing, delivered to:
Allergic Girl Resources, Inc
P.O.Box 20100
DHCC
New York, NY 10017
Links to other sites:
Allergic Girl Resources, Inc. contains links to third-party websites. These links are provided solely as a convenience to You and do not constitute endorsement or approval by Allergic Girl Resources, Inc. of the content on such third-party websites. Allergic Girl Resources, Inc. is not responsible for the content of linked third-party sites, which could be considered offensive by certain readers. Allergic Girl Resources, Inc. does not make any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, You do so at Your own risk. Your use of third-party websites may also be subject to the terms and conditions of use of such sites.
The use of a hyperlink is not an endorsement of a company, product, or opinion. The use of the hyperlink does not imply that Allergic Girl Resources, Inc. agrees with the content being linked to and We do not guarantee that the content contains accurate information. Allergic Girl Resources, Inc. has no obligation to link to any site.
Intellectual Property (Trademarks and Copyrights):
Unless otherwise indicated, Allergic Girl Resources, Inc. owns all copyrights in the materials on this Site. You may print and download portions of materials from the different areas of this Site solely for Your own noncommercial use. Any redistribution, resale, retransmission, or publication of the copyrighted material posted at this Site is strictly prohibited without the express written consent of Allergic Girl Resources, Inc. . You agree not to change or delete any proprietary notices including copyright and trademark symbols or other notices from materials downloaded from Allergic Girl Resources, Inc. .
Allergic Girl Resources, Inc. , the distinctive look and feel, GIF, JPEG, graphic and icon designs on this Site are tradenames, trademarks and/or service marks of Allergic Girl Resources, Inc. and are protected by state, federal, and international law. Any other marks used on this Site are the property of their respective owners. Nothing in this Agreement shall be construed as conferring on any third party, by implication, estoppel, or otherwise, a license or right under any copyright, patent, or trademark owned by Allergic Girl Resources, Inc. .
Third-party websites may use the Allergic Girl Resources, Inc. logo if they first notify Allergic Girl Resources, Inc. and agree to use the logo or mark in conformance with Allergic Girl Resources, Inc. 's Linking Agreement.
