This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service.
Please choose carefully the information you post on Fund A Girl and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Fund A Girl Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Fund A Girl assumes no responsibility nor liability for this material.
Fund A Girl reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline Fund A Girl event, you agree to release and hold Fund A Girl harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Fund A Girl event.
The Website allows Models and Contributors to engage in one-to-one video
communications and exchange photos and videos between themselves. The Website
does not produce the content shared between individuals, nor does it modify this
content in any way, other than to delete content that fails to comply with these
Terms of Service or applicable law.
Among other things, the Website provides a platform for uploading, sharing, and viewing various types of content. The Website's dynamic and collaborative service enables registered and unregistered users (visitors and registered members are collectively referred to as User(s) to access a host of functionality, including but not limited to various types of media submitted by Users (collectively, User Submissions).
The service is operated by FundAGirl.com, a wholly-owned property of FundAGirl, LLC and FundAGirlUK, LTD (FundAGirl). FundAGirl provides the communications services available in connection with the FundAGirl.com website including without limitation participation in audio and video chat, communications transmitted via message center, creating or participating in contests, viewing of photo galleries, personal profiles and tutorials (the Communications Services).
II. Introductory provisions
These Terms & Conditions are a legal contract between the User and FundAGirl.
1. Hereinafter, FundAGirl will be referred to as FundAGirl or by other similar syntax.
2. Hereinafter, these User and Membership Terms & Conditions, and any other agreements that are incorporated herein, will be referred to as the Terms & Conditions, or by other similar syntax.
B. USE OF THE WEBSITE
These Terms & Conditions govern all use of the FundAGirl.com website.
1. By accessing, visiting entering, using, viewing, reading, printing, installing, or downloading any material from the FundAGirl.com website, you agree to these Terms & Conditions. These Terms & Conditions also govern your membership to the Website if you become a member.
2. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms & Conditions by any act demonstrating your assent thereto, including clicking any button containing the words agree or similar syntax. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-sign Act by emailing us. Your consent to use the E-Sign Act is limited to providing the information on this form. Access to this electronic record requires a simple browser program such as Internet Explorer, Firefox, Safari or Opera and a computer.
3. By agreeing to these Terms & Conditions, FundAGirl grants you a personal, non-exclusive, non-transferable, limited, and revocable license to view the Materials and Website subject to the terms of this Agreement. You may access, transfer, or use the Website on such software, personal computers, and/or devices as authorized by us or our content delivery providers.
4. Any use of the Website for any illegal activity will result in immediate termination of membership and referral to the appropriate law enforcement officials.
C. REVISION TO THIS AGREEMENT
We reserve the right to revise or modify these Terms & Conditions at any time and in any manner. You should check these Terms & Conditions periodically for any modifications. If these changes are unacceptable to you, you must terminate your membership as provided below. Your continued use of the Website even after any such changes constitutes your full acknowledgment and acceptance of these changes.
D. YOUR AGREEMENT
If you do not agree to be bound by these Terms & Conditions, you may not enter the Website, you must exit the Website immediately, you may not use or access the Website, and you may not print or download any materials from the Website. You may use and access the Website only in accordance with these Terms & Conditions. Please consult these Terms & Conditions regularly and read them carefully before using the Website. You affirm that you have read this Agreement and understand, agree, and consent to these Terms & Conditions.
E. ACCESSING THE WEBSITE
You are solely responsible for obtaining access to the Website and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Website.
Use of and membership in the Website is void where prohibited.
The Website is made available to you for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FundAGirl. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members (anyone that registers with the Website and creates an account is referred to hereinafter as a Member and this association with the Website is known as Membership) by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Any use of the Website for any illegal activity will result in immediate termination of membership and referral to the appropriate law enforcement officials. FundAGirl reserves the right to fully cooperate with any and all law enforcement authorities or court order requesting or directing FundAGirl to disclose the identity of anyone posting any e-mail messages or publishing or otherwise making available any materials that are believed to violate these Terms. By accepting this Agreement, you waive and hold harmless FundAGirl, its officers, employees, agents, representations and/or designees from any claims resulting from any action taken by FundAGirl during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either FundAGirl or law enforcement authorities.
IV. Images and materials
The Website contains content, including but not limited to, text, software, images, graphics, data, messages, or any other information, and any other World Wide Web Site owned, operated, licensed, or controlled by the Website, with the exception of User Submissions, which are owned, operated and controlled by the User that submitted the content and which FundAGirl has obtained a license to display and/or host on the Website (collectively, FundAGirl Materials). The Website also contains images and content submitted by users of the Website which are solely owned, operated and controlled by the Users (collectively Materials). All Materials displayed on the Website have been submitted by Users of the Website and FundAGirl does not produce, display, review, manage, promote or condone any materials that may appear on the Website, but simply acts as a host for the Materials submitted by Users. All Materials displayed on the Website are protected by the First Amendment Rights to Free Speech, Free Expression, and Freedom of the Press, and parallel provisions of other constitutions. You also acknowledge that the Website is intended to contain only images protected by the First Amendment to the United States Constitution. If you are seeking information regarding illegal activities, you must leave the Website immediately. You are further aware of the community standards of your community, and you will only access the content on the Website if you believe, upon diligent investigation, that the content on the Website does not offend the community standards prevalent in your community. You further agree not to use or access the Website if doing so would violate the laws of your state, province, or country.
A. REQUESTS FOR REMOVAL OF LINKS, CACHED MATERIALS OR PROFILES
The Website occasionally receives requests from people to remove links from its indices. Although FundAGirl reserves the right to address such requests it has no obligation whatsoever to effect such removal since the profiles displayed as results or links in the Website the general approach that the Website takes reflects the following principles:
The profiles displayed as results or links in the Website are developed by people over whom the Website exercises no control. The results that appear from the Website's indices are indexed by the Website's automated machinery and computers, and the Website cannot and does not screen the profiles before including them in the indices from which such automated search results are gathered. A search in the Website may produce results and links to profiles that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Website search will not locate unintended or objectionable content and assume no responsibility for the content of any profile included in any results or other links on the Website.
V. Age of majority and membership
A. AGE OF MAJORITY
You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in the jurisdiction in which you reside and from which you access the Website, because the Website is prohibited for those not meeting this requirement. You also affirm that you have the legal capacity (you are fully able and competent to understand the nature and content of the Website and these Terms & Conditions) to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in the jurisdiction where you reside or from which you access this Website, you must exit the Website immediately and may not use or access the Website or print or download any Materials from the Website. You may be asked to verify your birth date on the Birth Date Versifier form as a condition of entry onto the Website, pursuant to 28 U.S.C. Section 1746. You agree not to bypass any security and/or access feature on the Website. The Website does not assume any responsibility or liability for any misrepresentations regarding a user's age. Additionally, you may be asked to provide current, accurate identification, contact and other information that may be required as part of the registration process and/or continued use of the Website.
Membership may not be assigned, transferred, or sold to a third-party. The Website and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Website. If a user fraudulently obtains access, the Website may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.
VI. No child pornography
While the Website is not responsible for, nor exercises any control over, any Materials that are posted on the Website, all Models, prior to becoming members of the Website, must verify that they are over the age of majority. Therefore all Models appearing on the Website are, and were at the time of all recorded images, at least eighteen (18) or twenty-one (21) years of age, whichever is applicable, and the Website contains no child pornography. You understand that all Models appearing on the Website are, and were at the time of all recorded images, at least 18 years of age, and that the Website contains no child pornography. If you seek any form of child pornography, you must exit the Website immediately. You acknowledge that all Materials on the Website are protected by the First Amendment. We take a strong and definite stand against child pornography and only allow images and Materials that are protected by the First Amendment. If you identify any images, real or simulated, depicting minors engaged in sexual activity within the Website, please report the images to the Website. Include with your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors' access to harmful material.
VII. Access to, limited license, and interference with, the website
To access the Website, or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all information you provide will be correct, current, and complete. If FundAGirl believes the information you provide is not correct, current, or complete, FundAGirl has the right to refuse you access to the Website or any of its resources, and to terminate or suspend your access at any time.
B. LIMITED LICENSE
Subject to these Terms & Conditions and in consideration of using the Website, the Website hereby grants you a limited, nonexclusive, nontransferable personal license to access and use the Website and the Materials contained therein. The Website hosts the Materials on the Website for the personal, non-commercial use by viewers, fans, visitors, subscribers, and/or potential subscribers of the Website. Users of the Website are granted a single copy license to view Materials (on a single computer only). All Materials on the Website shall be for private, non-commercial use only, and all other uses are strictly prohibited. The Website reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the Website, or any of the Materials contained therein. Any unauthorized use of the Website or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the Website for its intended purpose and is not a transfer of title. You represent and warrant that you will not allow any minor access to the Website and that you will not copy or redistribute any of the content appearing on the Website. The Website reserves the right to terminate this license at any time if you breach or violate any provision of this Agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed, or otherwise copied from the Website. Violators of this limited license may be prosecuted to the fullest extent under all applicable laws.
Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from our Website's Materials. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Website, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Website or any communications on it.
VIII. User conduct
You may use the Website only for purposes expressly permitted by the Terms & Conditions of the Website. You may not use the Website for any other purpose, including any commercial purpose, without the Website's express prior written consent. Without the express prior written authorization of the Website, you may not:
a. duplicate the Website or any of the Materials contained therein (except as expressly provided above in Paragraph IV);
b. create derivative works based on the Website or any of the Materials contained therein;
c. use the Website or any of the Materials contained herein for any public display, public performance, sale or rental;
d. re-distribute the Website or any of the Materials contained therein;
e. remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
f. frame or utilize any framing techniques in connection with the Website or any of the Materials contained therein;
g. use any meta-tags or any other hidden text using the Website's name or marks;
h. circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Website);
i. use any data mining, robots, or similar data gathering and extraction tools on the Website;
j. decompile, reverse engineer, modify, or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; or
k. sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau, or otherwise assign to any third-party the Materials or any of your rights to access and use the Materials as granted in Paragraph IV above.
You agree that you shall not, and you shall not permit others using your account, if any, to do any of the following: (a) upload, post, transmit, or otherwise make available any User Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically, or otherwise objectionable; (b) impersonate any person or entity, including without limitation any FundAGirl personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions transmitted through the Website; (d) upload, post, or transmit unsolicited commercial email or spam or engage in any practice that is in any way connected with spam; (e) upload, post, or otherwise transmit any User Submission that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment; (f) damage, interfere with, or disrupt FundAGirl, the Website, or FundAGirl networks; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside, including without limitation any laws or regulations relating to securities, privacy, and export control; (h) talk or otherwise harass another; (i) engage in, promote, or provide instructional information about, or provide video User Submissions depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; (j) use the Website in any way that exposes FundAGirl to criminal or civil liability; (k) promote, offer for sale, or sell any item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer, or sell, including all necessary licenses and authorizations, or (iii) FundAGirl determines, in its sole discretion, is inappropriate for sale through the Website; (l) use the Website as a forwarding service to another website; or (m) exceed the scope of the service that you have signed up for.
FundAGirl shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.
You agree to cooperate with the Website in causing any unauthorized use to cease immediately. At any time, if the Website provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate, or submit any defamatory, offensive, or illegal material while using the Website or other services included on the Website. You are solely responsible for any Materials you submit that violate any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Website shall terminate all your rights under this Agreement and pursue any and all available claims against you.
IX. User submissions
The Website permits the submission of User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, FundAGirl does not guarantee any confidentiality with respect to any submissions.
You expressly acknowledge and understand that FundAGirl does not hire, contract for, manage and/or otherwise arrange in any way, shape or form for the participation of any of the depicted Users, and is not responsible for managing, assembling, reviewing, editing and/or manipulating any content, messages, photos or profiles that you may upload to the Website. FundAGirl's sole function is to distribute and/or host the Materials that you post. FundAGirl reserves the right to monitor use of the Website to determine compliance with these Terms, as well as the right to remove or refuse any information you provide for any reason.
You understand and agree that FundAGirl can delete any and all Materials that in the sole judgment of FundAGirl violates these Terms of Service or which may be offensive and/or illegal and/or may violate the rights of FundAGirl or its members. YOU ARE SOLELY, COMPLETELY AND FULLY RESPONSIBLE FOR THE CONTENT THAT YOU PUBLISH AND/OR DISPLAY ON THE WEBSITE. You acknowledge and agree that FundAGirl shall not assume or have any liability for any action or inaction on its part with respect to any User Submission.
No persons, other than yourself, shall be included in any Materials that you publish, post and/or display on the Website except as set forth herein. By publishing, posting, and/or displaying Materials which include other persons, you are affirming that you have the person's express permission to publish, post and/or display the Materials and you agree to fully indemnify and hold FundAGirl harmless for any and all liability, claims and/or damages arising out of and/or related to, the person's inclusion in your Materials, including attorney's fees and costs of suit.
You acknowledge and agree that FundAGirl and its designee shall have the right (but not the obligation), in their sole discretion, to refuse to publish, to remove, or to block access to any User Submission that is available via the Website or other FundAGirl network products or services at any time, for any reason, or for no reason at all, with or without notice.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years; (ii) you own or have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright, moral rights, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
FundAGirl does not claim any ownership rights in the User Submissions posted to the Website. After posting your content to the Website, you continue to retain all ownership rights in such content and you continue to have the right to use your content in any way you choose. By displaying, posting and/or publishing any content on or through the Website, you hereby grant FundAGirl a limited license to use, display and distribute such content soley on and through the Website for the sole purpose of permitting FundAGirl to host and run the Website. The license does not give FundAGirl the right to distribute your content outside of the Site or to do anything with your content except remove it in the event FundAGirl finds it violates these Terms of Service or is objectionable for any reason whatsoever.
You understand that FundAGirl exercises no control whatsoever over any User Submissions and that when using the Website, you will be exposed to User Submissions from a variety of sources, and that FundAGirl and the Website are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FundAGirl with respect thereto, and agree to indemnify and hold FundAGirl, its owners, and operators, affiliates, and/or license harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You are responsible for providing all equipment and the computer necessary to access the Website. You may access the non-public portion of the Website only by being a member in good standing to the Website. The Website reserves the right to modify Materials and the Website's design at anytime, with or without prior notice. You may become a member of the Website by completing an online registration form, which must be accepted by the Website. Upon submission of the online registration form, the Website or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you are a member. You must promptly inform the Website of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Website. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Website or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Website has the right to suspend or terminate your account and refuse any and all current or future use of the Website, as well as subjecting you to criminal and civil liability. You are responsible for dishonored checks and any related fees that we incur with respect to your account.
B. MEMBER ACCOUNT, PASSWORD, AND SECURITY
As part of the registration process, you will choose and be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the Website. You certify that when asked to choose a username, you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third-party. We reserve the right to disallow the use of usernames, that we at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms & Conditions or in any other way we, in our sole discretion, deem inappropriate. You represent and warrant that you will not disclose to any other person your unique username and password and that you will not provide access to the Website to anyone who is below the age of majority in your state, province, or country, or otherwise does not wish to view the content on the Website. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. The Website will not release your password for security reasons. You agree to (a) immediately notify the Website of any unauthorized use of your username and password or any other breach of security; and, (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Website unless and until you notify the Website by e-mail regarding the unauthorized use. Unauthorized access to the Website is illegal and a breach of this Agreement. You agree to indemnify the Website against all activities conducted through your account whether authorized or not. You may obtain access to your billing records regarding charges of your use of the Website upon request.
C. MEMBERSHIP FEES
Contributors acknowledge and agree to the terms and conditions of Contributors delineated below. Models acknowledge and agree to the terms and conditions for Models, delineated below.
1. Terms & Conditions of Contributors:
Contributors may create a profile on the Website as their platform for communicating with Models and contributing to their campaign to reach their donation goal. Contributors expressly agree to the current posted fees for each credit used on the site. Contributors also expressly acknowledge and agree that the fees may change at any time, but will not be retroactively charged. All fees paid for credits, contributions and subscriptions are non-refundable. Message credits can not be transferred. Any donations sent from canceled Contributor accounts will not be transferable. Contributors expressly agree that all requests for materials to Models will be in strict compliance with the remaining provisions in this Agreement, to include without limitation the copyright infringement provisions and the provisions regarding illegal content.
2. Terms & Conditions of Models:
Models may create a profile as their platform to run their campaign to raise money for the personal goal(s) of their choice. Models expressly agree to the current fees and splits of Contributor donations, and further expressly acknowledge and agree that the fees and splits of Contributor donations may change at any time with or without notice, as described herein. If at any time the Model decides to cancel her membership to the Website, under the provisions herein, FundAGirl expressly acknowledges and agrees that all moneys earned through Contributor donations shall be available to be paid out to the Model, less an account termination fee and any other per-established fees associated with the withdrawal of funds by Models, for a period of one (1) year. Upon the one (1) year anniversary of the account termination, any remaining account balance shall become the sole property of FundAGirl and all the Model's rights, title and interest in said funds shall be extinguished.
All Models expressly agree and acknowledge that they will not place any material that would conflict with any provision of these Terms & Conditions, to include without limitation; intellectual property infringement, copyright infringement, and the depiction of illegal material.
As a condition of using the Website, Models expressly agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding without limitation:
the use of the Website.
their own User Submissions.
the donations they receive.
their solicitation of offers to purchase.
the sale of their items.
their provision of any service to a Contributor via the Website.
Models expressly acknowledge and agree that no employer/employee, master/servant or any other similar relationship is created between Model and FundAGirl as a result of Model's use of the Website and earning of contributions through the Website. Models further expressly acknowledge and agree that there may be legal implications, fees and/or tax obligations associated with their use of the Website and that FundAGirl shall have no responsibility whatsoever for payment of any fees and/or taxes that Model may become responsible for as a result of use of the Website including, but not limited to, income taxes. It is the Models' sole and exclusive responsibility to understand and comply with any and all relevant laws and regulations and to pay any and all relevant fees and taxes.
FundAGirl has this policy in order to help Models understand that there may be legal implications, fees, and tax obligations associated with their use of the Website. This policy also helps to inform Models that it is their responsibility to understand and comply with relevant laws and regulations, and that the Models must pay relevant fees and taxes.
All Models expressly agree that if the Website terminates your membership due to breach of this Agreement, you shall not create a new profile on the Website and you forfeit all rights title and interest to any donations remaining in your terminated account. All Models expressly agree that should they fail to maintain an active profile their account will be suspended. Activity is defined as using the websites functions at least once in a 30 day period. Logging in alone is not defined as activity.
After 30 days of inactivity the Model account will automatically be placed into a suspended state at which time all earnings shall be frozen for a period of one (1) year after which time, if not previously withdrawn by Model, or alternative arrangements have not been made between Model and FundAGirl, the balance shall become the sole property of FundAGirl and all Model's rights, title and interest in said funds shall be extinguished and Model's Membership in the Website shall be cancelled.
D. BILLING ERRORS
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
E. CONTENT POSTED ON THE WEBSITE
1. You understand and agree that the Website may review and delete any User Submissions that in the sole judgment of the Website violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
2. You are solely responsible for the User Submissions that you publish or display (hereinafter, post) on the Service or any material or information that you transmit to other Members.
3. By posting User Submissions on any area of the Website, you automatically grant as well as represent and warrant that you have the right to grant, to FundAGirl an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, display, and distribute such information and content on the Website.
4. The following is a partial list of the kind of User Submissions that are illegal or prohibited on the Website. The Website reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. Prohibited User Submissions includes content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
iv. promotes information that you know is false or misleading
v. promotes illegal activities or conduct that is abusive, threatening, defamatory or libelous;
vi. promotes an illegal or unauthorized copy of another person's copyrighted work;
vii. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
viii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
ix. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
x. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
xi. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
5. You must use the Service in a manner consistent with any and all applicable laws and regulations.
6. You may not include in your Member profile or in Personal Messages any telephone numbers, street addresses, last names, URLs, email addresses, or other means of online communication.
7. You may not use the Website as a tool to solicit donations outside of the Website.
8. You may not have any more than one (1) active profile on the Website at any given time.
9. You may not transmit any chain letters or junk email to other Members. Although the Website cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, the Website reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which the Website deems appropriate in its sole discretion.
10. You may not cover or obscure advertisements on your personal profile page, or any Website page via HTML/CSS or any other means.
11. You may not attempt to impersonate another user or person who is or is not a member of the Website.
F. MEMBER DISPUTES
You are solely responsible for your interactions with other Website Members. The Website reserves the right, but has no obligation, to monitor disputes between Members. At the Website's sole discretion the Website may elect to modify User Submissions with or without prior notice, including but not limited to: photos, profiles, messages and account balances.
G. AGREEMENT TO RECEIVE NOTIFICATIONS AND OTHER COMMUNICATIONS
We reserve the right to send electronic mail or other messages to you and to other Members. You understand and agree that even unsolicited commercial email sent from us or our affiliates is not SPAM as that term is defined under the law. The purpose of this communication may include but is not limited to:
1. Alerting you to various forms of communication received from another Member.
2. Informing you of any change to the status of Your membership.
3. Informing you that you have been contacted by another Member.
4. Informing you of any account updates.
5. Informing you about any of our related products or services.
6. Providing you with information about any item that We think, in Our sole discretion, may be of interest to you.
You may cancel your membership at any time by simply logging in to your account, then click on the Edit Profile link on your main profile page. Then just click the Cancel Subscription button. You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services accessed, acquired or solicited by you through your use of the Website. No online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. This Agreement's provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Website to which you had access when your were a member. Without limiting other remedies, the Website may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Website and refuse to provide our services to you at any time, with or without advance notice, if: (a) the Website believes that you have breached any material term of these Terms & Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) the Website decides to cease operations or to otherwise discontinue any of the Website or parts thereof. You acknowledge and agree that FundAGirl may alter, change, suspend and/or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. FundAGirl may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice of liability at any time in FundAGirl's exclusive discretion, without prejudice to any legal or equitable remedies available to FundAGirl, for any reason or purpose including, but not limited to, conduct which FundAGirl believes violates any policies or guidelines posted on the Website or conduct which FundAGirl believes is harmful to other customers, to FundAGirl's business or to other information providers. Upon termination, you will immediately discontinue your use and access of the Website. Further, you agree that neither the Website nor any third-party acting on our behalf shall be liable to you for any termination of your membership or access to the Website. You agree that if your account is terminated by the Website, you will not attempt to re-register as a member without prior written consent from the Website.
XII. Disclaimer of warranty
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE WEBSITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE WEBSITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT THE WEBSITE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE WEBSITE DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. THE WEBSITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. THE WEBSITE OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THE WEBSITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE. THE WEBSITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THE Website. THE WEBSITE MAKES NO COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND TO ANY THIRD PERSON.
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE THE WEBSITE WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THE WEBSITE. OUR WEBSITE CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU DO HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND AGREE TO CEASE REVIEW OF THE WEBSITE SHOULD YOU FIND IT OFFENSIVE. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THE Website AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY. FundAGirl DOES NOT CONTROL THE CONTENT PROVIDED BY OTHER MEMBERS THAT IS MADE AVAILABLE THROUGH THE WEBSITE. YOU MAY FIND OTHER MEMBERS' CONTENT TO BE OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE. PLEASE USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITE.
XIV. Limitation of liability
IN NO EVENT SHALL THE WEBSITE (OR ITS LICENSE, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, REPRESENTATIVES, ASSIGNS, DESIGNERS OR ANY SUBSCRIBERS) BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, REVENUE, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IF FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE WEBSITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE WEBSITE'S MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE WEBSITE, FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION.
You agree to defend, indemnify, and hold harmless the Website, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including, without limitation, to governmental agencies, use, misuse, or inability to use the Website or any of the Materials contained therein, or your breach of any of these Terms & Conditions. The Website shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
XVI. Links and linking
XVII. Trademark information
FundAGirl is a service marks and/or trademark of FundAGirl. We aggressively defend our intellectual property rights. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written permission from the Website.
XVIII. Copyright information
With the exception of User Submissions, the Materials accessible from the Website, and any other World Wide Website owned, operated, licensed, or controlled by the Website, is the proprietary information and valuable intellectual property of the Website or the party that provided the Materials to the Website, and the Website or the party that provided the Materials to the Website retains all right, title, and interest in the Materials. Materials on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FundAGirl reserves all rights not expressly granted in the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted herein, obtained through the Website for any commercial purposes. Accordingly, the Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of the Website, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials and User Submissions except as expressly provided in these Terms & Conditions violates the Website's intellectual property rights. Neither title nor intellectual property rights are transferred to you by your accessing the Website. All Materials included on the Website, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, and software is the property of the Website or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the Website is the exclusive property of the Website or its content suppliers and protected by United States and International copyright laws, as well as other laws and regulations. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
XIX. Notice of claimed infringement
You expressly agree not to utilize copyrighted materials in the usage of your FundAGirl profile and membership. You further expressly agree to indemnify FundAGirl in full for any copyright infringement or other infringement of intellectual property rights owned by another, and caused by your usage on the Website. Also, the Website respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Website's Designated Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on an the Website;
d. your address, telephone number, and e-mail address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law; and
f. 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 agent to act on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to: webmaster@FundAGirl.com Please do not send other inquiries or information to our Designated Agent
XX. Notice and takedown procedures
The Website implements the following notice and takedown procedure upon receipt of any notification of claimed copyright infringement. The Website reserves the right at any time to disable access to, or remove any material or activity accessible on or from the Website or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Website to terminate the account of repeat copyright infringers, when appropriate, and the Website will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. section 512 of the DMCA. The Website's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and section 512 of the DMCA, but does comply with three requirements for identifying the Website that are infringing according to section 512 of the MCA, the Website shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the Website will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. the Website reserves the right to modify, alter, or add to this policy, and all users should regularly check back to these Terms & Conditions to stay current on any such charges.
XXI. Export control
You understand and acknowledge that the software elements of the Materials on the Website may be subject to regulation