TERMS OF USE

PLEASE ASK YOUR PARENT AND/OR LEGAL GUARDIAN TO REVIEW THESE TERMS OF USE WITH YOU AND CAREFULLY EXPLAIN WHAT YOU CAN AND CANNOT DO WHEN USING THE WEBSITE. 

1.         INTRODUCTION

 

Welcome to the TOWNLEYGIRL.COM website (the “Website”) owned and operated by Townley, Inc. (“Townley,” “us,” “our” or “we”).  PLEASE READ THESE TERMS OF USE CAREULLY BEFORE USING THE WEBSITE.  By using the Website or clicking the “I ACCEPT” button, you (and your parent and/or legal guardian) confirm that you have read, and are agreeing to, these Terms of Use.  If you do not agree to these Terms of Use, you may not use the Website.  Additional special terms may apply, including rules for contests or sweepstakes, blogs, subscription services, or other activities.  Special terms are posted in connection with the applicable service or activity and are in addition to these Terms of Use.  In the event of any conflict or inconsistency between special terms and these Terms of Use, the special terms will prevail.  We reserve the right, at any time, to change, modify or alter the Terms of Use and such changes, modifications or alterations become effective immediately upon posting, so check back often.  If you do not agree to any changed, modified or altered Terms of Use, and without limiting anything set out elsewhere in these Terms of Use, your sole recourse is to immediately stop all use of the Website.  Your continued use of the Website will constitute your binding acceptance of these Terms of Use, and any changes, modifications and/or alterations to them.  IF, AT ANY TIME, THESE TERMS OF USE ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE WEBSITE.

 

2.         NOTICE TO PARENTS 

 

The Website is dedicated to protecting the privacy of its visitors and registered members and handling any personal information obtained from them with care and respect. Please take the time to read through the Website’s Privacy Policy, www.townleygirl.com/privacypolicy.aspx, for additional information regarding the Website’s protection of your child’s personal information.  If you become aware that your child has created a Townleygirl.com user account in violation of these Terms of Use, please contact us at contactus@townleygirl.com.

 

Townley monitors content on the Website in order to offer an appropriate and safe environment to its users. All public posts by registered members are reviewed and approved in advance by a Website moderator before being posted to the Website.  Please email Townley at contactus@townleygirl.com with the subject header “REPORT ABUSE”, to report any inappropriate or unauthorized behavior or use of the Website.  The Website will respond to all such reports, but Townley urges all parents and legal guardians to be actively involved in following their child’s activity on the Internet.

 

 

If your child attempts to register as a member of the Website but is twelve (12) years of age or younger, the account will be flagged automatically as pending until you have given us “verifiable parental consent” as required by the Children’s Online Privacy Protection Act (“COPPA”).  You can grant such consent by accepting our “Notice to Parents” email, or sending us your written consent via fax to the number set out below.  Unless and until parental consent is given, registered member accounts created for children twelve (12) years of age or younger will remain inactive and will not allow access to the interactive functionality of the Website, including blogs, contests, and other activities.  A more detailed description of the activities available to your child via the Website is set out in the “Notice to Parents” email described above.

 

The Website uses anonymous cookies that are not linked to any identifying information about any Website visitor or registered member to allow us to keep track of which areas of the Website are viewed by visitors, how long each visitor spends at a particular site and what a visitor’s preferences and interests are, as well as to personalize a visitor’s experience at the Website.  Cookies are small pieces of data placed on a computer’s hard drive when the Website is visited.  To support interactive opinion surveys or blogs, the Website uses session cookies that are deleted when the visitor leaves the Website or closes the web browser application, and persistent cookies to authenticate return visitors to our Website.  Persistent cookies are deleted after fourteen (14) days.  The Website may also use cookies to help ensure that personal information is not collected from children twelve (12) years of age or younger without consent of a parent or legal guardian.

 

For the security of our visitors and registered members, prior to releasing any information about a visitor or a registered member to any individual claiming that s/he is a parent or legal guardian of such visitor or registered member, the Website requires such individual to provide an acceptable form of identification.   If you are a parent or legal guardian of a visitor or registered member and wish to receive information regarding your child’s account or use of the Website, please contact us at contactus@townleygirl.com to request an Information Release Request Form.  Upon Townley’s e-mail receipt of your email request, you will receive the form in PDF format.  Please complete the Information Release Request Form and fax it to us at the fax number indicated on the form or via scanned email to contactus@townleygirl.com.  The completed information release request form will need to include your child’s username, your child’s password, your child’s first and last name, and your child’s email address.  You will also need to provide your first and last name, your email address, a telephone contact number for yourself, and your signature.

 

 

3.         PRIVACY POLICY.

 

All information we collect from visitors or registered members, including but not limited to first and last name, gender, age, birth date, email address, parent or legal guardian email address, username and password is subject to our Privacy Policy.  Please review our Privacy Policy at http://www.townleygirl.com/privacypolicy.aspx.

 

 

 

4.         REGISTRATION

You agree to provide, maintain and update accurate, current and complete information about yourself as prompted by the registration processes on the Website (the "Registration Data") and not to misrepresent your identity or affiliation with any person or entity, including using another person's name, username, password or other account information. You also agree to promptly notify us at contactus@townleygirl.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of relating to the Website. 

By providing us with Registration Data, you are giving us permission to use it to send you Website updates regarding new or improved features, news, contest information, promotional offers, giveaways, surveys, and other materials, but we will only use such Registration Data in accordance with our Privacy Policy.  Please review our Privacy Policy at http://www.townleygirl.com/privacypolicy.aspx.  Although the Website may partner with other companies for promotions, contests, etc., any and all Registration Data collected from you will only be shared with said partners in accordance with our Privacy Policy.  The same applies in those cases where the Website retains the services of another company to provide you with interesting offers. Such companies do not have access to your personal information except and only to the extent needed to assist the Website with mailings, banner marketing and the like to which you have consented under these Terms of Use. 

 

6.         REVOKING APPROVAL OF OUR USE OF REGISTRATION DATA

 

If you, or your parent or legal guardian, want to know what information the Website has about you, or if you, or your parent or legal guardian, have other questions about our use of personal information, please contact us at contactus@townleygirl.com, or at our mailing address:

 

Townley Inc.
389 5th Avenue
New York, New York 10017
USA

Fax:  212-779-4192

 

 

You or your parent or legal guardian can revoke your approval of our use of your Registration Data.  If you wish to do that, please contact Townleygirl.com at contactus@townleygirl.com to request the Deactivation, Cancellation and Personal Information Revocation Form. Upon Townley’s e-mail receipt of your email request, you will receive the form in PDF format. Please complete the form and fax it to us at the fax number indicated on the form or via scanned email to contactus@townleygirl.com.  Please note that this means that your user account for the Website will be deactivated and deleted from our database.  The completed form will need to include the registered member’s username, password, first and last name, and email address.  The registered member’s parent or legal guardian will also need to provide his/her first and last name, email address, a telephone contact number, and signature.  As an optional field for completion, the form will also request the reason for cancellation, deactivation, or revocation. 

 

7.         CONTESTS, SWEEPSTAKES AND OTHER ACTIVITIES

 

From time to time, Townley may conduct promotions or other activities through the Website, including, without limitation, contests or sweepstakes (“Promotions”).  Each such Promotion will have additional terms and conditions (the “Rules”) which will be posted or otherwise made available to you and, for the purposes of each such Promotion, will be deemed incorporated into and form a part of these Terms of Use.  For clarity, if any conflict arises between these Terms of Use and the Rules, the Rules shall govern for the purposes of your participation or involvement in the Promotion to which the Rules relate.

 

8.         RULES OF CONDUCT

 

Please be advised that you are required to comply with the following Rules of Conduct:

 

(a)        You may use this Website only for lawful, non-commercial purposes. 

 

(b)        You may not submit or transfer through the Website any materials or otherwise engage in conduct that:

 

(i)         states or suggests derogatory, sexually suggestive, discriminatory, racist, or any other offensive expression in any form or text, content, or imagery;

 

(ii)        harasses stalks, degrades, attacks or intimidates any individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;

 

(iii)       contains or reveals any personally identifiable information, or other information which may be used to identify or locate a third party, including a third party’s password, e-mail address, identifying photos or other personal information;

 

(iv)       impersonates any person, business or entity, including the Website or its employees or agents, or in any way falsely states or misrepresents your affiliation with any person or entity;

 

(v)        instigates or encourages others to commit illegal activities or cause injury or property damage to any person;

 

(vi)       is intended to promote and/or generate revenue for any third party business activity;

 

(vii) violates these Terms of Use or any guidelines, policies or Rules posted on the Website; and/or

 

(viii)     otherwise interferes with the use or enjoyment of the Website by others.

 

You must abide by all governmental and state laws in accessing and using the Website. 

 

9.         LINKS TO THIRD PARTY WEBSITES

 

The Website may contain links or references to other websites that are beyond the Website’s control, such as banner advertisements and links from advertisers, sponsors and content partners that may use the Website’s name and/or logo(s) as part of a co-branding relationship. When you use these links, you are leaving the Website, and different terms of use and privacy policies may apply. The Website has no control over information published on other web pages and assumes no responsibility or liability for information and other content on other web pages. You assume the risk yourself when using other websites linked to the Website.

 

10.       INTELLECTUAL PROPERTY

 

Everything you see and read on, or download from, this Website or receive through related services, is protected by copyright or other proprietary rights unless otherwise stated and may only be used according to these Terms of Use.  Any unauthorized use of such content may violate copyright laws, trademark laws, laws of privacy and publicity, as well as other laws, rules, and regulations.  

All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees.

No content from the Website may be used, copied, reproduced, published, transmitted, distributed or otherwise exploited in any way other than as expressly permitted by these Terms of Use.  You may download or copy content owned by us solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such content. If you have any question as to whether we own certain content contained on the Website, do not download or copy it without first contacting us (e.g., content that appears to have been uploaded by a third party should not be copied or downloaded by you).  If permission is granted by us and/or by all other entities with an interest in the relevant content, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Website. You may not, in any way, make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, except as permitted by the Copyright Act or other law or as expressly permitted by these Terms of Use, us (and all other entities with an interest in the relevant content) or otherwise on the Website.

The Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience.  Without limiting anything set out elsewhere in these Terms of Use, we shall have the right to remove any user content we believe may infringe the rights of a third party and reserve the right, in our sole discretion, to determine whether and what action to take in response to any such potential infringement, and any action or inaction in a particular instance shall not dictate or limit our response to a future occurrence. You acknowledge and agree that we shall not assume or have any liability for any action or inaction on our part with respect to any user posting. Users shall remain solely responsible for user postings and any material or information transmitted to other users or interaction with other users.

We respect the intellectual property of others and expect you to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate accounts of users who may be infringing our intellectual property rights and/or the intellectual property rights of others; however, please remember that we have no responsibility for content on other websites that you may find or access when using the Website.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe in good faith that any material on the Website infringes your copyright, you (or your agent) may send our Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") a written notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:

1.      an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

2.      identification of the copyrighted work or other intellectual property that you claim has been infringed upon;

3.      a description of where the material that you claim is infringing is located on the Website, with sufficient detail that we may find it on the Website;

4.      your address, telephone number, and e-mail address;

5.      a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

6.      information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content; and

7.      a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent:

 

By mail:	By phone:	By fax:	By email:
Attention: Gwendolyn Ferdinand 389 5th Avenue New York, New York 10016  USA	(212) 779-0544 ext. 114	(212) 779-4192	Gwendolyn@townleygirl.com

 

PLEASE NOTE THAT, DUE TO SECURITY CONCERNS, ATTACHMENTS CANNOT BE ACCEPTED. ACCORDINGLY, ANY NOTIFICATION OF INFRINGEMENT SUBMITTED ELECTRONICALLY WITH AN ATTACHMENT WILL NOT BE RECEIVED OR PROCESSED.

 

11.       SECURITY

From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you, or others acting on your behalf, are suspected of fraud or other breach of these Terms of Use, we may, in our sole discretion, declare you to be in breach of these Terms of Use, suspend or terminate your use of the Website, and/or seek prosecution to the fullest extent of the law.

 

12.       TERMINATION

Without limiting anything set out elsewhere in these Terms of Use, we reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Website (including, without limitation, the deactivation of any registered member account) at any time, for any reason (including, without limitation, any failure to comply with these Terms of Use) or no reason, without prior notice or liability. We may change, suspend, discontinue or disable all or any aspect of the Website at any time, including the availability of any feature, database, or content, without prior notice or liability. ONCE ACCESS TO THE WEBSITE IS RESTRICTED, SUSPENDED OR TERMINATED, DATA STORED ON THE WEBSITE MAY NOT BE RETRIEVED.

 

13.       DISCLAIMER

Your use and browsing of, and any reliance by you upon, this Website is at your own risk. If you are dissatisfied with the Website or any content, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website. WE DO NOT REPRESENT OR ENDORSE THE TIMELINESS, ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE AND YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT IN SOME CASES, THE CONTENT COULD BE MISLEADING, MISLABELED OR SIMPLY INACCURATE. FURTHERMORE, WE DO NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE WARRANT THAT ANY DEFECTS IN THE WEBSITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, ANY INFORMATION ON THE WEBSITE AND ALL E-MAILS SENT BY US, OUR AFFILIATES AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "RELATED PARTIES") ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." NEITHER WE, NOR OUR AFFILIATES OR SUBSIDIARIES, DISTRIBUTORS, SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE RELATED PARTIES MAKE ANY WARRANTIES, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE WEBSITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You specifically acknowledge and agree that neither we nor our Related Parties are liable for any defamatory, offensive or illegal conduct of any user. In addition, while we intend to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Website, we do not warrant, guarantee or make any representations that the Website, or any content available for downloading on the Website, will be free of viruses, robots, spiders or destructive materials and we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Website or the server that makes it available, or your downloading of any content from the Website.

We will not be responsible for delays or failures in performing any obligations under the terms of these Terms of Use, whether or not due to any cause beyond our reasonable control.

14.       LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES, AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE RELATED PARTIES, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES AND SUBSIDIARIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE WEBSITE OR THE SERVICES TRANSMITTING THE WEBSITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE WEBSITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE WEBSITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE WEBSITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

15.       INDEMNIFICATION

You agree to indemnify, defend and hold harmless, us, our affiliates, subsidiaries, and our and their respective officers, directors, employees and agents, from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (i) any user content and/or other information or materials you submit, transmit or otherwise make available through the Website, (ii) your use of the Website, and/or (iii) your breach or alleged breach of these Terms of Use. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by us in the defense of any claim. In any event, you shall not settle any matter without our written consent.

16.       GOVERNING LAW AND LIMITATION OF ACTIONS        

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce these Terms of Use, to the jurisdiction of the federal and state courts located in New York, New York. No action, regardless of form, arising out of these Terms of Use, may be brought by either party more than one (1) year after the cause of action has arisen.

17.       MISCELLANEOUS

These Terms of Use constitute the entire agreement relating to the subject matter herein. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of these Terms of Use, except as referenced herein. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use may be amended as set above. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of these Terms of Use. Further, the waiver by either party of a particular breach of these Terms of Use by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of these Terms of Use. These Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section headings are for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.

 

 

18.       USE WITHIN THE UNITED STATES OF AMERICA

 

The Website is operated within the United States of America and is intended exclusively for residents of the United States of America.  We make no representation that content on the Website is appropriate or available for use in locations outside the United States and accessing it from territories where such content is illegal is prohibited.  If you choose to access the Website from a location outside of the United States, you do so on your own initiative and you alone are responsible for compliance with local laws.  Under no circumstances is Townley responsible for ensuring that the Website is in compliance with the local laws of jurisdictions outside of the United States.

 

© 2010 Townley, Inc. All rights reserved.