TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF SHEREEJWILSON.COM VERY CAREFULLY.
By using shereejwilson.com (the “Website”), you agree to be bound by these Terms and Conditions of Use ("Terms & Conditions"), whether or not you are a registered as a member, and agree that you are at least 13 years of age and eligible to use this Website.
Unless otherwise indicated, these Terms & Conditions apply to your use of the Website which is owned and operated by Sheree J. Wilson, Inc. a California corporation (collectively, “Sheree J. Wilson” "we," "us," or "our"). These Terms & Conditions do not apply to the websites of any other person or entity. Although links to other websites may be available from our Website, you acknowledge and agree that we are not responsible or liable under any circumstance for such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such websites or resources.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time, and any such modification shall be effective upon posting by us. You should check these Terms & Conditions periodically for changes. By using this Website, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your membership with us.
General. By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, as they may be amended from time to time, just as if you had signed this agreement. These Terms & Conditions, as may be amended from time to time, shall remain in full force and effect while you use the Website, any services provided on the Website, and/or are a member of the Website. You can determine when we last changed these Terms & Conditions by referring to the “LAST UPDATED” legend at the bottom of this page. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. We may at any time, in our sole discretion and without prior notice or liability, modify or alter any aspect of the Website. In addition, we reserve the right, at any time and in our sole discretion, and without any notice or liability, to terminate your password, user account and its contents, refuse to permit you to post or remove any postings to the Website, and/or access to any part of this Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice, and that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website or your user account.
Content. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Sheree J. Wilson or its partners and affiliates own and retain all proprietary rights to the Website and the Content. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any purpose not authorized by us, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Restrictions on Use.
a. The Website is for the personal use by our users only and may not be used in connection with any commercial endeavors.
b. The following is a partial list of the kind of content that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates these Terms & Conditions, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. Prohibited content includes content that:
i. Is, in our sole discretion, unlawful, offensive, abusive, tortuous, obscene, invasive, threatening, or promotes racism, bigotry, hatred, physical harm, or harassment of any kind against any group or individual.
ii. Involves the transmission of "junk mail," "chain letters," “pyramid schemes,” “spam,” or any other form of unsolicited mass mailing, or involves self-promotion and commercial solicitation.
iii. Promotes an illegal or unauthorized use of another person's copyrighted work, patent, trade secret, or infringes upon the right of privacy or other proprietary right of any person.
iv. Contains any material that you do not have a right to transmit either by law, or under a contractual or fiduciary agreement.
v. Provides instructional information about illegal activities such as making or buying illegal weapons, or transmitting, providing or creating computer viruses.
vi. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
vii. Is in any way harmful to minors.
viii. Diverts users to another site or prohibited diversion of traffic to another site.
ix. Attempts to manipulate the Website in any way, including by way of repeated posting to falsely position a thread, or otherwise disrupts the function of the Website, including any automated use of the Website, such as using scripts to add friends.
x. Attempts to cover or obscure the banner advertisements on your public profile page, or any Website page using HTML/CSS or any other means.
xi. Falsely states or misrepresents your identity or your affiliation with the Website, Sheree J. Wilson, Sheree J. Wilson Inc., our affiliates or any other person or entity.
xii. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
xiii. Is in violation of any applicable local, state, federal or international law.
c. Although we cannot monitor the conduct of our users off of the Website, it is a violation of these Terms & Conditions 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 user, without their prior explicit consent.
d. You may not sell or otherwise transfer your profile.
Please keep in mind that all Community Areas are public, and all communications by you therein are public and not private. We reserve the right, but shall not be required, to monitor any portion of the Website for any purpose we deem appropriate. You acknowledge that by providing you with the ability to post Submissions in the Community Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Submissions posted by our users or any activities that take place on our Website or off of our Website. We do not endorse any posting made by our users on the Website. Although we have the right to do so, we have no obligation to review any Submissions posted to our Website or to delete any such Submissions in the event that you find such Submissions objectionable or offensive. We are not responsible for maintaining a copy of any Submissions we remove from our Website, and we are not liable for any loss you incur in the event that any Submissions you post or transmit to our Website is been removed for any reason.
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. We reserve the right to terminate membership privileges of any member or user who we believe infringes upon the intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your name, mailing address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, 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 owner or authorized to act on the copyright owner's behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to the Website should be sent to: firstname.lastname@example.org.
Disclaimers. THE WEBSITE AND THE SERVICES PROVIDED ARE PROVIDED "AS-IS" AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE AND/OR ANY SERVICE WE PROVIDE.
NEITHER WE, NOR ANY OF OUR AFFILIATES, NOR ANY OF OURS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS ARE RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMPUTER EQUIPMENT, SOFTWARE, OR ANY FAILURE OF THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE, AND WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE USING OUR WEBSITE AND THE SERVICES WE PROVIDE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY TO YOU OR YOUR PERSONAL COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN OUR WEBSITE OR FROM DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE.
WE MAKE NO WARRANTIES OR ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SERVICES, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE WEBSITE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
Limitation on Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM (A) YOUR USE OR INABILITY TO USE THE WEBSITE (B) THE USE OF ANY CONTENT, MATERIAL OR SERVICES WE PROVIDE, (C) STATEMENTS OR CONDUCTS OF ANY MEMBER OR OTHER THIRD PARTY ON THE WEBSITE, OR (D) OR ANY OTHER MATTER RELATING TO OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OUR SERVICES WE OFFER, OR OUR TERMS & CONDITIONS IS TO DISCONTINUE YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes. These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, and reasonable attorney's fees. If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Indemnity. You agree to indemnify, hold harmless, and defend us, the Website and our affiliates, and our subsidiaries, affiliates, officers, agents, and other partners and employees, from any and all loss, liability, claim, or demand, including but not limited to reasonable attorneys' fees and expenses, made by any third party due to or arising out of your improper use of the Website or our products or offerings, your violation of these Terms & Conditions, or your (or any person using your account) infringement of any intellectual property of any person or entity.
Jurisdiction. This Website is controlled and operated from the United States, and is not intended to subject us to non-U.S. jurisdictions or laws. This Website may not be available or appropriate for use in certain jurisdictions outside of the United States. If you accept this Website, you do so at your own risk, and you are solely responsible for complying with all local laws, rules and regulations.
LAST UPDATED: August 24, 2011
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