Last updated: February 22, 2012
By accessing theeverygirl.com, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
1. Use of Site
a. You understand that, except for information, products or services clearly identified as being supplied by The Everygirl, LLC The Everygirl, LLC does not operate, control or endorse any information, products or services on the Internet in any way. Except for The Everygirl, LLC – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with The Everygirl, LLC
b. You also understand that The The Everygirl, LLC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
c. You assume total responsibility and risk for your use of the site and the internet. The Everygirl, LLC provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any information or service provided through the internet or The Everygirl, LLC shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
a. The materials on The Everygirl, LLC’s web site are provided “as is”. The Everygirl, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Everygirl, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the service or on the internet generally. The Everygirl, LLC does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
b. You understand further that the pure nature of the internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Your access to such materials is at your own risk. The Everygirl, LLC has no control or affiliation whatsoever for such materials.
c. The Everygirl, LLC received a commission through some links on TheEverygirl.com. We reserve the right to link to and feature items that align with The Everygirl, LLC. These affiliate programs do not influence any information on this site.
3. Your Responsibilities
You are responsible for the use of this website. You may not use the site that may damage or impair our servers. You may not gain access to our network. By using this site, you agree that you will not modify, copy, reformat or alter this site in any way.
4. Limitation of Liability
In no event will The Everygirl, LLC be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for less of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. even if The Everygirl, LLC or its authorized representatives have been advices of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, The Everygirl, LLC liability is limited to the greatest extent permitted by law.
The Everygirl makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-The Everygirl web site, please understand that it is independent from The Everygirl, and that The Everygirl has no control over the content on that web site. In addition, a link to a The Everygirl web site does not mean that The Everygirl endorses or accepts any responsibility for the content, or the use, of such web site.
The materials appearing on The Everygirl, LLC’s web site could include technical, typographical, or photographic errors. The Everygirl, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. The Everygirl, LLC may make changes to the materials contained on its web site at any time without notice. The Everygirl, LLC does not, however, make any commitment to update the materials.
6. Links to third party websites
7. Promotions and giveaways:
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
8. Submitted content
9. Copyright Policy
Procedure for reporting copyright infringements:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of the copyrighted works claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit puush to locate the material;
4. Contact information for the notifier, such as an address, telephone number and, if available, an e-mail address;
5. A statement that the notifier has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is The Everygirl, LLC’s policy to:
1. to remove or disable access to the infringing material;
2. to notify the user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that OpenSky will terminate such user’s access to the website and service.
You agree to indemnify, defend and hold harmless The Everygirl, LLC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
12. Third Party Rights
The provisions of paragraphs 1 (Use of Site), and 11 (Indemnification) are for the benefit of The Everygirl, LLC and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. DMCA Notice
DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):