Terms of Use

Guardian Girls’s Terms of Use

Please also visit our Privacy Policy section for information explaining the information we collect and how we use it.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by GUARDIAN GIRLS, Inc. and its subsidiaries and affiliates (collectively, “us”, “we” or “GUARDIAN GIRLS”). By accessing or using GUARDIAN GIRLS’s websites or services, or the mobile versions of either, (collectively the “Website”) you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”) and any other applicable law, whether or not you are a registered member of GUARDIAN GIRLS. GUARDIAN GIRLS may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

Important Notice for Users

You are responsible for ensuring that your use of or participation in the activities of this Website does not affect your eligibility as user. GUARDIAN GIRLS IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS A USER.

Intellectual Property

All intellectual property on the Website (except for User Generated Content) is owned by GUARDIAN GIRLS or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the GUARDIAN GIRLS name) are trademarks or registered trademarks of GUARDIAN GIRLS. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of GUARDIAN GIRLS; All rights reserved.

Website Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase GUARDIAN GIRLS products. Any other use is prohibited unless agreed to by GUARDIAN GIRLS in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content (defined below), without GUARDIAN GIRLS’s prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Product Orders

All orders placed through the Website are subject to GUARDIAN GIRLS acceptance. This means that GUARDIAN GIRLS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, GUARDIAN GIRLS will issue you a refund.

Safeguard Your Username/Password

You are responsible for any actions that take place while using your GUARDIAN GIRLS account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify GUARDIAN GIRLS immediately of any unauthorized use of your GUARDIAN GIRLS account. GUARDIAN GIRLS is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

User Generated Content

“User Generated Content” is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available (“post”) on or through the Website, except to the extent the content is owned by GUARDIAN GIRLS.

1. Posting Rules: User Generated Content and User Conduct

Be Responsible.

You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose GUARDIAN GIRLS or its users to any harm or liability of any type.

Be Relevant and Constructive.

Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don’t talk about policies, future products, speculations or rumors about GUARDIAN GIRLS and GUARDIAN GIRLS products, or anything else off topic.

Be Courteous and Appropriate.

Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in GUARDIAN GIRLS sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk,” intimidate, abuse, harm or harass another Website user or person.

Be Private.

Do not post personal information, including your email address, IM address, or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.

Be Original.

You promise that you own or control all rights in any User Generated Content that you post on the Website. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant GUARDIAN GIRLS all of the license rights granted in these Terms of Use.

Be Legal.

Do not post any User Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.

2. General Rules for User Generated Content

Content is Not Prescreened

GUARDIAN GIRLS does not guarantee to prescreen User Generated Content. GUARDIAN GIRLS does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. GUARDIAN GIRLS is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event GUARDIAN GIRLS chooses to monitor any User Generated Content, GUARDIAN GIRLS assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. GUARDIAN GIRLS reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

Eligibility and Registration

To become a member of the GUARDIAN GIRLS Website, or post User Generated Content, you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Website. This Website is intended solely for users who are eighteen (18) years of age or older and it is a violation of these Terms of Use for anyone under 18 to register for the Website. You represent and warrant that you are 18 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are under 18 years old, you must obtain your parent/guardian’s permission to register for the Website and post User Generated Content.

GUARDIAN GIRLS’s Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to GUARDIAN GIRLS a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

Complaints

Immediately notify GUARDIAN GIRLS in writing of any objectionable content appearing on the Website. GUARDIAN GIRLS will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content.

Copyright Infringement Complaints

We respect the intellectual property rights of others and we prohibit users from posting on the GUARDIAN GIRLS Website any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give GUARDIAN GIRLS legally sufficient notice to GUARDIAN GIRLS of infringement.

We suggest that you consult your legal advisor before filing a DMCA notice with GUARDIAN GIRLS copyright agent. There can be penalties for false claims under the DMCA.

Links

The Website may contain links to websites operated by other companies. GUARDIAN GIRLS does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. GUARDIAN GIRLS is not responsible for the content or policies of linked websites and you access such websites at your own risk.

OpenID Linked Accounts

GUARDIAN GIRLS may now or later join OpenID, which allows you to automatically sign into the GUARDIAN GIRLS Website at the same time you sign into OpenID. GUARDIAN GIRLS is not responsible for the operation or functionality of OpenID or any OpenID affiliated websites.

Mobile Services

The Website contains services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply. If GUARDIAN GIRLS charges you for a mobile service, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using GUARDIAN GIRLS’s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

Published Activity

GUARDIAN GIRLS allows you the option to publish about the actions you take on GUARDIAN GIRLS’s Website to Facebook, Twitter and other social platforms. GUARDIAN GIRLS does not control which information gets disseminated on participating social platforms. You agree to allow GUARDIAN GIRLS to check your GUARDIAN GIRLS cookies when you are visiting participating social platforms, and allow GUARDIAN GIRLS to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.

Indemnification

You agree to indemnify, defend, and hold harmless GUARDIAN GIRLS, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.

User Interaction Disclaimer

You are solely responsible for your interactions with other Website users, whether online or offline in person. GUARDIAN GIRLS is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. GUARDIAN GIRLS is under no obligation to become involved with any user dispute, but may do so at its own discretion.

Warranty Disclaimer

GUARDIAN GIRLS is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, GUARDIAN GIRLS disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. GUARDIAN GIRLS cannot guarantee and does not promise any specific results from use of the Website. GUARDIAN GIRLS does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, GUARDIAN GIRLS does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. GUARDIAN GIRLS reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

GUARDIAN GIRLS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A GUARDIAN GIRLS EVENT OR ANY USER GENERATED CONTENT, EVEN IF GUARDIAN GIRLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST GUARDIAN GIRLS FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF GUARDIAN GIRLS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, GUARDIAN GIRLS LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

You agree that this Website shall be deemed a passive website solely based in Florida, which does not give rise to personal jurisdiction over GUARDIAN GIRLS in jurisdictions other than Florida. You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and GUARDIAN GIRLS shall be governed in all respects by Florida law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of GUARDIAN GIRLS products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Dade County, Florida. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Dade County, Florida. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of GUARDIAN GIRLS products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive certain electronic communications from GUARDIAN GIRLS. You agree that any notice, agreement, disclosure or other communication that GUARDIAN GIRLS sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. GUARDIAN GIRLS failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. GUARDIAN GIRLS may assign its rights and duties under this Agreement to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

GUARDIAN GIRLS reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. GUARDIAN GIRLS also reserves the right to block users from certain IP addresses and prevent access to the Website. You may terminate your account at anytime by clicking the “deactivate account” button in the Account Settings. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.