Welcome to www.promgirl.net (the “Website”). This Website is owned, operated and distributed by Promgirl Inc. (also referred to as: the “Company”; “we”; “us”; “our”). When you as a user (“you”; “your” “user”) access and use any part of this Website, you agree that you are legally bound by these Terms and Conditions, in whole or in part. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE WEBSITE.
YOUR USE OF THIS WEBSITE
‘Intellectual Property’ is to be defined as, including and not limited to, the following: content, creations, proprietary information, and materials owned, licensed to, controlled by, used by permission of, or that otherwise belongs to Promgirl Inc. This includes (without limitation) trademarks, service marks, copyrights, images displayed on this Website and trade dress rights. You may view the ‘Intellectual Property’ (for example, the images) only for browsing and making purchases from this Website, but not for any other purpose. You cannot use any ‘Intellectual Property’ displayed on the Website without the written permission of Promgirl Inc. Our Company, its licensors and/or content providers retain full and complete title to all content available on the website. You as the user are granted a limited license to access and make personal use of this website, but the Company may revoke this license at any time at the Company's sole discretion. Unauthorized use of any ‘Intellectual Property’ may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications laws and regulations. If there is any unauthorized use of intellectual property in any way, we will prosecute offenders to the fullest extent the law allows. Promgirl Inc. strictly prohibits any other use of any available content on the website, including but not limited to:
any caching, unauthorized linking to the website or the framing of any content available on our website;
any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from any part of the content available on our website;
any uploading, posting or transmitting of any material containing viruses;
any computer program or files designed to stop, destroy or limit the use of any computer system associated with Promgirl Inc’s computer systems, the website servers and/or any computer and mobile users of the website; or
using any computer hardware or software program designed to interrupt or obtain any information from our Website for any use not previously authorized (including but not limited to data mining, “scraping,” extraction of metadata, user’s purchasing information, etc.)
Except as expressly provided in these Terms, or required by applicable law, Promgirl Inc makes no Warranties, Representations and/or covenants including but not limited to the merchantability, suitability, fitness of use or for a particular purpose, of any content on our website as well as goods and/or services available for purchase through the website.
The use of this website is at your sole risk and you assume this risk with your continued use of the website. This website and any materials, information, goods and/or services available for purchase are on a “as is” and “as available” basis. Promgirl Inc reserves the right at our sole discretion and at any time to restrict or terminate access to our website in whole or in part. Promgirl Inc disclaims any warranties that claims access to our website will uninterrupted or error-free; that the site is secure; that the site or the server that supports the website is virus-free; or that any data on the website is complete, correct, useful, timely, adequate, or reliable. If you decide to download any content from our Website, you do so at your own risk. You will be solely responsible for any damages that result from any downloading, including but not limited to, loss of computer system and data or legal liability for intellectual property breach(es) (see “Intellectual Property” section). Any information obtained from our website shall not constitute the creation of any warranties of any kind, except for instances required by applicable law.
LIMITATION OF LIABILITY
Promgirl Inc nor its licensors, third party contractors, and/or other users of its website shall be liable for any punitive, consequential, special, indirect or exemplary damages that may occur because of your use of the website. All information and content of this website is provided on an “as is” basis with no warranty of any kind, whether express or implied. These types of warranties include but are not limited to implied warranties of merchantability, suitability, fitness for particular use or purpose, or non-infringement, except where void by applicable law. Promgirl Inc is not liable for including but not limited to any acts, errors, omissions, representations, warranties, breaches of negligence or for any user’s personal injuries (including death and dismemberment), property damage or any other damages resulting from the use of our website. By your use of our website, you agree that you acknowledge and assume full responsibility of your actions conducted on and through our website, including communications with Promgirl Inc and/or other users on the website; and any goods or services available and purchased by you through the website. Via these Terms, you agree and acknowledge that any data or information sent or received through the use of our website may or may not be secure and may be intercepted by unauthorized parties outside of Promgirl Inc’s control. You also agree and acknowledge that our Website is available to you as a user free of charge, but your use is at your own risk. By recognizing the aforementioned, you agree and acknowledge that, to the fullest extent allowed by law) neither Promgirl Inc nor any licensors, suppliers or any third party contractors will be liable for any direct or indirect, special, punitive, exemplary, incidental, consequential or any other damages resulting or related from, but not limited to, the following: 1) this website or any websites connected by hyperlink on our website; 2) any action(s) Promgirl Inc takes or fail to take from any communication(s) sent to us by you; 3) any goods or services available for purchase through our website (including any damages resulting from such a purchase); 4) any delay(s) or inability to use the website or any data, goods or services on our website; 5) any edits, modifications, additions, removal or deletion of any content posted or submitted to our website; or 6) any use of our website, regardless whether it is based on contract, tort, strict liability or otherwise, even if Promgirl Inc has been advised of possible damages resulting from said use of our website. It is your responsibility as a user of our website to evaluate the accuracy and/or usefulness of any information such as advice, opinion(s), or other content available through the website or through any linked resource on our website. This disclaimer applies to any damages or injuries that arise out of any failures to perform, any errors, omissions, interruptions, deletions, defects, delays in operation or transmission of data, computer viruses, file corruptions, communication-line failures, network and/or system outage, your loss of profits or wages, theft, destruction, and any other tangible or intangible loss suffered by you as a user. You specifically acknowledge and agree that Promgirl Inc any licensors, suppliers or third party contractors of our Company will not be liable for any offensive, illegal or defamatory content posted by any user of our website. If you pursue any claims or disputes resulting from the aforementioned, your remedy available to you as a user of our website is to immediately discontinue using our website.
CONDUCT ON THE WEBSITE
By using our website, Promgirl Inc shall not be responsible or liable to you or any other party for any material included in this Website by error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy. You cannot send any unlawful, defamatory, obscene, threatening, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We may remove any such material at our sole discretion and will fully cooperate with all law enforcement authorities or court proceeding and order requesting or directing us to disclose the identity of anyone behind providing any such material.
ADVERTISEMENTS ON THE WEBSITE
If you interact with advertisers you find on or through the Website, including payment and delivery of related goods or services, and any other terms and conditions associated with such dealings, you agree that we shall not be responsible or liable for any loss or damage as a result of such transaction(s).
COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
Our policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMAC”). To report to us a copyright infringement, send us a written communication that provides the following items: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work 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 us to locate the material; (4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5)A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit the above notification via these ways:
ATTN: Copyright Notification
4700 Wissahickon Ave, Building K
Philadelphia, PA 19144
United States of America
NOTE that Section 512(f) of the DMCA provides that any person who materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorney’s fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation.
NOTE ALSO that these procedures are for your information only and that this is not legal advice. For legal advice about copyrights, we recommend consulting an attorney.
Any communication, solicited or unsolicited, or that you transmit to the Website, including but not limited to questions, comments, or suggestions, may be used by us for any purpose without any notice and/or compensation to you or anyone else.
You agree to abide by the U.S. and foreign export control laws which regulate the export and re-export of technology originating in the United States and such foreign countries. You agree that at no time will you transfer, neither directly nor indirectly, by electronic transmission or otherwise, any content or software from this Website to or from any countries or foreign nations in violation of such laws or regulations. You also agree to indemnify us against any and all costs, liabilities, losses or expenses arising from, or relating to, any violation by you of any of these laws and administrative regulations.
If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision will be excluded from these Terms and Conditions but will not affect the validity and enforceability of the remaining provisions. If we fail to act on a breach by you or others, we do not waive our right to act on a later or similar breach.
RESOLUTION OF DISPUTES
If you feel that you need to initiate a claim or dispute of any kind, you agree to, prior to initiating any legal action, first try to settle such dispute in good faith by providing written notice to us by certified or registered mail, describing the facts and circumstances of the dispute and including relevant documents, allowing us 30 days to respond to you, and allowing you and us additional 60 days to communicate about the dispute in a good faith effort to resolve it. You and our Company agree via these Terms that any cause of action arising out of or related to the website MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS OR DISCOVERED, OR THE CAUSE OF ACTION IS PERMANENTLY AND FOREVER BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Before agreeing to use our Website, we recommend that you check your local jurisdiction regarding the law governing online disputes.
Dispute notices may be sent to us at the following address: Promgirl Inc. 4700 Wissahickon Avenue, Building K, Philadelphia, PA 19144. We will send any and all documents from any dispute to you, using any last-known address that you will have provided to us for any purpose. It is your responsibility to ensure that your mailing address is accurate.
CHOICE OF LAW
These Terms and Conditions are governed by the laws of the Commonwealth of Pennsylvania regardless of any conflict of law regulations. Any and all litigation resulting from these Terms and Conditions shall be brought only in the local court system of Philadelphia County, the Commonwealth court system, or if applicable, the United States District Court for the Eastern District of Pennsylvania. By agreeing to use this Website in whole or in part, you hereby submit to the personal jurisdiction of these courts.
Promgirl Inc shall be excused from performance under these Terms and Conditions, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes; (4) labor strikes, or (5) other causes beyond the reasonable control of Promgirl Inc. In the event that Promgirl Inc is temporarily unable to ship to you a purchased item because of such an event, Promgirl Inc will give you the option of deferring shipment or receiving a refund of your charges.
CHANGES TO THESE TERMS AND CONDITIONS
You acknowledge and agree that Promgirl Inc may, in its sole discretion, modify, add or remove any portion of these Terms and Conditions at any time and in any manner, either by posting revised Terms and Conditions on the website, or by sending notice to all users. You may not amend or modify these Terms and Conditions under any circumstances. The current version of these Terms and Conditions is available at http://www.promgirl.net/terms-and-conditions.html. It is your responsibility to check periodically for any changes we make to these Terms and Conditions, but if a revision, in our sole discretion, is material, Promgirl Inc will timely notify you. Your continued use of our website after any changes to the Terms and Conditions means you agree to and accept any and all changes. No changes to the Terms and Conditions occurring after a dispute between you and Promgirl Inc arises will apply retroactively from the dispute date.
You may not assign these Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Promgirl Inc, which may be withheld at Promgirl Inc’s sole discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Promgirl Inc may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion and without notice.
ENTIRE AGREEMENT AND ADMISSIBILITY
These Terms and Conditions constitute the entire agreement and understanding between you and Promgirl Inc with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
In some instances, both of these Terms and Conditions and a separate document that provides additional conditions may apply to a service or product offered via this website (“Additional Terms”). To the extent there is a conflict between these Terms and Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
HOW TO CONTACT US
If you have any questions or comments about these Terms and Conditions or this website in general, please contact us by email at firstname.lastname@example.org. You also may write to us at:
ATTN: Copyright Notification
4700 Wissahickon Ave, Building K
Philadelphia, PA 19144
United States of America
Last Modified: January 28, 2016