1. Acceptance of our Terms
By visiting the website Nowaygirl.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to Nowaygirl.com, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of Nowaygirl.com. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Nowaygirl.com and that your use of Nowaygirl.com shall indicate your conclusive acceptance of this agreement.
2. Provision of Services
You agree and acknowledge that Nowaygirl.com is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Nowaygirl.com is entitled to provide services to you through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that Nowaygirl.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Nowaygirl.com authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
4. Submitted Content
NoWayGirl does not produce any content. All content is produced by the users of the site.
By submitting content of any kind to this site (collectively, “Content”), you are confirming and agreeing to be bound by all of the following terms and provisions:
1. You are 18 years of age or older.
2. You are the sole author and owner of all rights in and to the Content (including words, images, sounds, etc.), and you are fully empowered to grant us the rights to use the Content as provided below without the knowledge, consent or approval of any third party.
3. You reserve all rights in the Content subject only to the rights licensed to us as set forth below.
4. You hereby grant to us the non-exclusive, royalty-free, and irrevocable right to (a) adapt, edit and generally use and exploit all and/or any portion of the Content, alone and/or in combination with other content of any and all kinds whatsoever; (b) create and exploit derivative works of any and all kinds based on and/or embodying the Content; (c) distribute, publish, sell, display, store, exhibit, transmit, perform, broadcast, and generally exploit any and/or all of the foregoing; (d) use your name, image and likeness in connection with any and/or all of the foregoing; and (e) authorize others to do so. The foregoing rights may be exercised by us and/or our licensees, successors and assigns, throughout the world, in perpetuity, in any and all languages, and in any and all media now known or hereafter devised.
5. You hereby represent and warrant to us and our licensees, successors and assigns that the Content does not and will not invade, impair and/or infringe the rights of, and/or otherwise injure or damage, any third party (including, by way of example only, under the laws of copyright, trademark, right of publicity, right of privacy, and/or defamation), and the use of the Content will not expose us to any expense, loss or liability of any kind whatsoever.
6. You waive any right to compensation of any kind or in any amount in connection with the use of the rights granted to us above.
7. The rights you have granted to us in the Content may be freely assigned or sublicensed by us to, and your representations and warranties will inure to the benefit of, our licensees, successors and assigns.
When you submit content to Nowaygirl.com you simultaneously grant Nowaygirl.com an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Nowaygirl.com.
5. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
6. Disclaimer of Warranties
You understand and agree that your use of Nowaygirl.com is entirely at your own risk and that our services are provided “As Is” and “As Available”. Nowaygirl.com does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Nowaygirl.com website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
7. Limitation of Liability
You understand and agree that Nowaygirl.com and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Nowaygirl.com has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Nowaygirl.com is limited to the greatest extent permitted by law.
8. External Content
Nowaygirl.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Nowaygirl.com is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Nowaygirl.com to resolve any legal matter arising from this agreement or related to your use of Nowaygirl.com. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
10. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and Nowaygirl.com. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
11. Changes to the Terms
Nowaygirl.com reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of Nowaygirl.com after any changes to Terms will signify your agreement to be bound by them.
March 09, 2011.