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Terms of Use
Your use of this website is contingent upon the terms described on this page.
FIGHTLIKEAGIRLONLINE Terms of Use Welcome to the FightLikeAGirlOnline.com website (hereinafter referred to as the "Site", the “FLAG Site” or “FightLikeAGirlOnline.com”), a website owned and operated by Fight Like A Girl, LLC. In this Agreement any person accessing, browsing, making purchases on, interacting with or otherwise using the FLAG Site is deemed a “User”. You may be referred to in this Agreement as “you”, “your”, or “User”. Fight Like A Girl, LLC, its subsidiaries and affiliates may be referred to collectively in the Agreement as “we”, “us”, “our”, or “FLAG”. Please carefully read the below terms and conditions along with the policies and guidelines located throughout the Site, because your use of and access to the Site constitutes your agreement to these terms and conditions, policies and guidelines, and all applicable law, and any such use or access is undertaken at the User’s own risk. Changes May Be Made By Us At Any Time FLAG reserves the right to make changes to the Site, to these Terms of Use, and to any policy or guideline, from time to time. When we make changes, we will post them here for at least three (3) days; at the conclusion of the third day the changes will become effective and no further notice will be provided or required. You may wish to check this section regularly, because by visiting the Site, you agree to accept any such changes. Merchandise Availability We pride ourselves on providing exclusive, quality merchandise. Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on FightLikeAGirlOnline.com. Display of an item on FightLikeAGirlOnline.com is not a guarantee that the item is currently in stock or that it will be available on our website when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our website or if you have any questions concerning the availability of a particular item, please contact our Client Services group at info@fightlikeagirlonline.com. We will make every effort to fulfill your requests whenever possible. Merchandise Display We will make every reasonable effort to display our merchandise on FightLikeAGirlOnline.com as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. FLAG is not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof. Please note that merchandise returned due to dissatisfaction with color, size or other attribute is subject to a restocking fee, as is set forth in greater detail in the “Returns & Exchanges” section of this Site. Copyright and Trademarks All content, graphics, buttons, images, code and software used on or incorporated into this Site, and the arrangement or integration of all such content, graphics, buttons, images, code and software, are subject to copyrights held by or licensed to FLAG, and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used except as provided herein without the express written permission of FLAG. All rights are specifically reserved by FLAG. All FLAG trademarks, trade names, service marks, service names, product names, trade dress, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks, trade dress, and/or intellectual property of FLAG. The use (except as permitted herein) or misuse of the trademarks, trade dress, or any other intellectual property of FLAG is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. FLAG actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Your Account When and if you use the Site, it shall be your sole responsibility to maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Site (the “Account”), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account. By making a purchase from FightLikeAGirlOnline.com, you understand and agree that FLAG may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization. User Comments FLAG does not want to receive confidential, proprietary or trade secret information through this Site (excluding information related to any order you submit). Please note that any information, materials, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, suggestions, ideas, comments or other submissions which are posted, published, communicated, sent, or otherwise transmitted, on, through, or to FightLikeAGirlOnline.com ("User Comments") will be deemed, and are, provided on a non-confidential basis. By uploading or submitting User Comments to this Site, including without limitation, the Interactive Community (as defined below), you automatically grant to FLAG, or represent and warrant that the owner or authorized licensor of such User Comments has expressly granted to FLAG, an irrevocable, royalty-free, perpetual and unrestricted right and license for any purpose whatsoever, including without limitation, to, in whole or in part, with or without attribution to you, use, reproduce, publish, translate, broadcast, copy, sublicense, post, modify, delete, transmit, display, enhance, alter, create derivative works from, and distribute such User Comments using and incorporate such User Comments into any form, medium, or technology now known or later developed throughout the universe for the full term of any copyright that may exist in such User Comments. Subject to this grant, the licensor of User Comments submitted to FLAG retains any and all rights which may exist in such User Comments. Because we value the trust that you have placed in us, we will not use any of your personal information (name, etc.) in connection with your User Comments without your consent or unless otherwise required by law to do so. For further information regarding FLAG's protection of your personal information, please see our Privacy & Security Statement. FLAG is not obligated to review or exercise editorial control over any User Comments. Any opinions, advice, statements, services, offers, or other information that constitutes part of User Comments are those of the respective authors or distributors and not of FightLikeAGirlOnline.com, unless expressly stated otherwise. FLAG makes no representation, warranty or guarantee as to the accuracy, completeness, or usefulness of any User Comments unless otherwise expressly stated. Under no circumstance shall FLAG be liable for any loss, damage or harm caused by your reliance on information obtained through the FLAG Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or content available through the FLAG Site. You represent and agree that the User Comments or any other content you provide to this Site: (1) do not contain any Malware (as defined below); (2) do not and will not violate any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights; (3) will not be nor contain libelous or otherwise unlawful, abusive, threatening, harassing, or obscene material; and (4) will comply fully with the terms, restrictions, conditions and limitations set forth in this Agreement, including without limitation, in the Interactive Community Section, below. You are and shall remain solely responsible for the content of any User Comments you create, upload, post or otherwise submit. You hereby agree to indemnify and hold FLAG harmless from any claim or demand (including attorneys' fees incurred by FLAG), made by any third party due to or arising out of your use of the FLAG Site or services provided via the Site, your breach of the Terms of Use, violation of any law or the rights of a third party. Interactive Community The FLAG Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (the "Interactive Community"). This Section (Interactive Community) of this Agreement, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the Forum, Private Message, or Fight Stories, create a list, create a profile, submit any User Comments, or otherwise participate in any interactive feature. Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Interactive Community services, and post, publish or communicate any User Comments on or through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users. You are prohibited from posting on or transmitting through the FLAG Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. FLAG reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Comments (including private messages) by you, or to deny, restrict, prevent, suspend, or terminate access to all or any part of the Site, including without limitation, the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability. FLAG reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason. If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please notify us at info@fightlikeagirlonline.com. Notwithstanding the foregoing, FLAG assumes no responsibility for ongoing monitoring of the FLAG Site or for removal or editing of any User Comments, even after receiving notice. FLAG assumes no liability for any action or inaction with respect to conduct, communication, or User Comments within the Interactive Community. The FLAG online interactive community is not designed for use by Minors. We comply with the Children’s Online Privacy Protection Act and do not permit registration by and will not knowingly collect personally identifiable information from anyone under 13; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. FLAG does not specifically sponsor or endorse any of these sites or their services. You may not post User Comments that: involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contain restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; involve commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; include a photograph or video of another person that you have posted without that person's consent; circumvent or modify, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the FLAG Site; involve the use of viruses, bots, worms, Trojan horses, time bombs, keyloggers, or any other computer code, files, routines, or programs that are intended or have the potential to interrupt, damage, destroy or limit the functionality of any computer software or hardware, or detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information in or connected to FLAG, or otherwise permit the unauthorized use of or access to a computer or a computer network (all of the foregoing, collectively, “Malware”); cover or obscure the banner advertisements on your personal profile page; involve any automated use of the FLAG Site, such as, but not limited to, using scripts to add friends or send comments or messages; interfere with, disrupts, or creates an undue burden on the FLAG Site or the networks or services connected to the Interactive Community services; impersonate or attempts to impersonate another Interactive Community User, person or entity; use the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sell or otherwise transfer your profile; use any information obtained from the FLAG Site in order to harass, abuse, or harm another person or entity, or attempt to do the same. Interactive Community Users may upload to or otherwise submit to FLAG for distribution on the FLAG Site only (i) User Comments that are not subject to any copyright or other proprietary rights restrictions; or (ii) User Comment in which the owner or licensor has given express authorization for FLAG to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Comments distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." FLAG is entitled to presume that all User Comments conform to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Comments is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Comments. FLAG assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Comments. Links to Other Websites This Site may contain links to other websites. Such links are provided for your convenience and information only and, as such, when you access a non-FLAG website, please realize that it is independent of FLAG and that you access any linked website at your own risk. FLAG makes no warranties or representations about any non-FLAG website and has no control over or responsibility for such websites or their content or activities. In addition, certain third party sites may also provide links to the FLAG Site. None of such links should be deemed to imply that FLAG endorses such third party sites or any content therein or activities thereof. You must make your own independent decisions regarding your interactions or communications with any other website. Pricing Prices displayed on FLAG are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time. Information Accuracy We will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability and other matters. FLAG makes no warranties or representations regarding the accuracy of such information and will not be bound thereby. FLAG reserves the right to cancel any order based on such errors, inaccuracies or omissions, to correct any errors, inaccuracies or omissions, and to update Site information at any time (including after you have submitted our order) without prior notice. We apologize for any inconvenience this may cause you. Noncommercial Use This Site, its contents and sales of merchandise through the use of this Site are intended solely for the personal, non-commercial use of our Users. You may download or copy the content displayed on the Site for your personal use only related to the placement of an order or shopping with FLAG. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Merchandise is not offered for commercial resale, and such resale is expressly prohibited without the prior written consent of FLAG. Any other commercial or non-personal use of this Site or the content or information contained in this Site is strictly prohibited, without the prior written consent of FLAG. Disclaimer THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS," WITH ALL FAULTS. FLAG DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE. NEITHER FLAG, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR THE LOSS OF DATA OR INFORMATION, WHETHER ANY SUCH DAMAGES ARE SOUGHT IN AN ACTION UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF FLAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF FIGHTLIKEAGIRLONLINE.COM AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. We make no representations about the suitability, reliability, availability, timeliness, or lack of viruses or other harmful components of the FLAG Site, its content (whether FLAG or User-submitted content), or its features, or of any website linked or referenced from this Site, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk, and FLAG makes no warranties regarding any transactions entered into through or in connection with the FLAG Site or any third party website. In no event shall FLAG be liable for any damages, whether in contract or tort or otherwise, including, but not limited to, direct, indirect, incidental, special, punitive, exemplary or consequential (including without limitation loss of profits), or cost of cover, arising out of compliance or reasonable attempts to: (i) comply with the United States Copyright Act, or (ii) satisfy requirements to qualify for the safe harbors designated in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”) including, but not limited to any actions by us that result in a disruption or suspension of your account or access. Applicable Law & Jurisdiction The FLAG Site is created and controlled by FLAG, in the State of South Carolina. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of South Carolina, without giving effect to any conflict of law provisions. EACH AND EVERY USER OF FIGHTLIKEAGIRLONLINE.COM, INCLUDING YOU, AGREES TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED WITHIN CHARLESTON COUNTY IN THE STATE OF SOUTH CAROLINA, USA, AND WAIVES ANY OBJECTION TO THE LAYING OF VENUE OF ANY LITIGATION IN SAID COURTS. Termination Notwithstanding any provision to the contrary in this Agreement, FLAG may terminate this Agreement, deny you access to the Site, remove your profile, or otherwise prevent your use of the Site in whole or in part, at any time, immediately and without notice or explanation. Claims of Copyright Infringement Copyright Claims Policy. FLAG respects the intellectual property rights of others and is committed to complying with U.S. trademark and copyright laws, including the DMCA. The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet. When we receive proper Notification of Alleged Copyright Infringement as described in our [Copyright Claims Procedure], FLAG may, in appropriate circumstances and at its discretion, remove or disable access to the allegedly infringing material, or terminate the accounts of Users who infringe the intellectual property rights of others. If you believe that any material on the FLAG Site infringes on any copyright which you own or control, or that any link on the FLAG Site directs you to another website that contains material that infringes on any copyright which you own or control, you should promptly file a written notification of such infringement with our Designated Agent. Please see our [Copyright Claims Procedure] for more information on how to report infringement of your copyright, or if you believe your material has been mistakenly removed or disabled. [place link to page within bracketed words]. Repeat Infringers. In accordance with the DMCA and other applicable law, FLAG has adopted a policy of terminating, in appropriate circumstances and at FLAG's sole discretion, Users who are deemed to be repeat infringers. FLAG may also at its sole discretion limit access to the FLAG Site and/or terminate the access of any User who infringes any intellectual property rights of others, whether or not there is any repeat infringement. Additional Terms and Conditions In addition to the policies and guidelines located throughout the FLAG Site, the following policies are incorporated into the Terms of Use: Copyright Claims Procedure: http://www.__________.com/ (also accessible via a link on the bottom of the FLAG Site pages) Currently under development – check back soon. Privacy Policy: http://www.__________.com/ (also accessible via a link on the bottom of the FLAG Site pages) Currently under development – check back soon. Affiliate Agreement: http://www.__________.com/ (also accessible via a link on the bottom of the FLAG Site pages) Currently under development – check back soon. Acknowledgement The Terms of Use, including all documents referenced herein, along with all policies and guidelines found within the Site, represent the entire understanding between you and FLAG regarding your relationship with FLAG and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. Copyright Claims Procedure Procedure for Making Notification of Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to FLAG’s Copyright Agent. To be effective, the notification must be in writing and include the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Ideapalooza.com to locate the material; 4. Your name, address, telephone number, and, if available, your e-mail address; 5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 7. Send the written communication to the following address: Attention: Designated Copyright Agent Fight Like A Girl, LLC 295 Seven Farms Drive, Suite 138 Charleston, South Carolina 29492 NOTE: This contact information is provided exclusively for notifying FLAG that copyrighted material may have been infringed or of a mistake relating thereto. Unrelated inquiries will NOT receive a response through this process. Contact information for other matters is provided elsewhere on this site. Procedure for Making Counter-Notification to Claims of Copyright Infringement If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Copyright Agent. The counter notification must provide the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work removed or disabled as a result of mistake or a misidentification; 2. A description of the copyrighted work that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; 4. Your name, address, telephone number, and, if available, your email address; 5. A statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person. 6. Send the written communication to the following address: Attention: Designated Copyright Agent Fight Like A Girl, LLC 295 Seven Farms Drive, Suite 138 Charleston, South Carolina 29492
