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Legal Stuff
Privacy
Policy
Last Updated: Dec. 2008
Beautifulwarriorwomen.com strives to offer its
visitors the many advantages of Internet technology and to provide an
interactive and personalized experience. We may use Personally
Identifiable Information (your name, e-mail address, street address,
telephone number) subject to the terms of this privacy policy. We will
never sell, barter, or rent your email address to any unauthorized
third party. Period."
How we gather information from users
How we collect and store information depends on
the page you are visiting, the activities in which you elect to
participate and the services provided. For example, you may be asked to
provide information when you register for access to certain portions of
our site or request certain features, such as newsletters or when you
make a purchase. You may provide information when you participate in
sweepstakes and contests, message boards and chat rooms, and other
interactive areas of our site. Like most Web sites,
Beautifulwarriorwomen.com also collects information automatically and
through the use of electronic tools that may be transparent to our
visitors. For example, we may log the name of your Internet Service
Provider or use cookie technology to recognize you and hold information
from your visit. Among other things, the cookie may store your user
name and password, sparing you from having to re-enter that information
each time you visit, or may control the number of times you encounter a
particular advertisement while visiting our site. As we adopt
additional technology, we may also gather information through other
means. In certain cases, you can choose not to provide us with
information, for example by setting your browser to refuse to accept
cookies, but if you do you may be unable to access certain portions of
the site or may be asked to re-enter your user name and password, and
we may not be able to customize the site’s features according to your
preferences.
What we do with the information we collect
Like other Web publishers, we collect information
to enhance your visit and deliver more individualized content and
advertising. We respect your privacy and do not share your information
with anyone.
Aggregated Information (information that does not
personally identify you) may be used in many ways. For example, we may
combine information about your usage patterns with similar information
obtained from other users to help enhance our site and services (e.g.,
to learn which pages are visited most or what features are most
attractive). Aggregated Information may occasionally be shared with our
advertisers and business partners. Again, this information does not
include any Personally Identifiable Information about you or allow
anyone to identify you individually.
We may use Personally Identifiable Information
collected on Beautifulwarriorwomen.com to communicate with you about
your registration and customization preferences; our Terms of Service
and privacy policy; services and products offered by
Beautifulwarriorwomen.com and other topics we think you might find of
interest.
Personally Identifiable Information collected by
Beautifulwarriorwomen.com may also be used for other purposes,
including but not limited to site administration, troubleshooting,
processing of e-commerce transactions, administration of sweepstakes
and contests, and other communications with you. Certain third parties
who provide technical support for the operation of our site (our Web
hosting service for example) may access such information. We will use
your information only as permitted by law. In addition, from time to
time as we continue to develop our business, we may sell, buy, merge or
partner with other companies or businesses. In such transactions, user
information may be among the transferred assets. We may also disclose
your information in response to a court order, at other times when we
believe we are reasonably required to do so by law, in connection with
the collection of amounts you may owe to us, and/or to law enforcement
authorities whenever we deem it appropriate or necessary. Please note
we may not provide you with notice prior to disclosure in such cases.
Affiliated sites, linked sites and advertisements
Beautifulwarriorwomen.com expects its partners,
advertisers and affiliates to respect the privacy of our users. Be
aware, however, that third parties, including our partners,
advertisers, affiliates and other content providers accessible through
our site, may have their own privacy and data collection policies and
practices. For example, during your visit to our site you may link to,
or view as part of a frame on a Beautifulwarriorwomen.com page, certain
content that is actually created or hosted by a third party. Also,
through Beautifulwarriorwomen.com you may be introduced to, or be able
to access, information, Web sites, features, contests or sweepstakes
offered by other parties. Beautifulwarriorwomen.com is not responsible
for the actions or policies of such third parties. You should check the
applicable privacy policies of those third parties when providing
information on a feature or page operated by a third party.
While on our site, our advertisers, promotional
partners or other third parties may use cookies or other technology to
attempt to identify some of your preferences or retrieve information
about you. For example, some of our advertising is served by third
parties and may include cookies that enable the advertiser to determine
whether you have seen a particular advertisement before. Other features
available on our site may offer services operated by third parties and
may use cookies or other technology to gather information.
Beautifulwarriorwomen.com does not control the use of this technology
by third parties or the resulting information, and is not responsible
for any actions or policies of such third parties.
You should also be aware that if you voluntarily
disclose Personally Identifiable Information on message boards or in
chat areas, that information can be viewed publicly and can be
collected and used by third parties without our knowledge and may
result in unsolicited messages from other individuals or third parties.
Such activities are beyond the control of Beautifulwarriorwomen.com and
this policy.
Children
Beautifulwarriorwomen.com does not knowingly
collect or solicit Personally Identifiable Information from or about
children under 13 except as permitted by law. If we discover we have
received any information from a child under 13 in violation of this
policy, we will delete that information immediately. If you believe
Beautifulwarriorwomen.com has any information from or about anyone
under 13, please contact us at the address listed below.
Contacting Us.
We can be reached by contacting:
Beautifulwarriorwomen.com
Email: elena.dahle@beautifulwarriorwomen.com
Changes to this Policy
Beautifulwarriorwomen.com reserves the right to
change this policy at any time. Please check this page periodically for
changes. Your continued use of our site following the posting of
changes to these terms will mean you accept those changes. Information
collected prior to the time any change is posted will be used according
to the rules and laws that applied at the time the information was
collected.
Governing law
This policy and the use of this Site are governed
by Nevada law. If a dispute arises under this Policy we agree to first
try to resolve it with the help of a mutually agreed-upon mediator in
the following location: LasVegas, Nevada. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: LasVegas, Nevada,
under the rules of the American Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
Beautifulwarriorwomen.com is controlled, operated
and administered entirely within Nevada. This statement and the
policies outlined herein are not intended to and do not create any
contractual or other legal rights in or on behalf of any party.
WEBSITE
TERMS OF USE
If you do not agree to the
Terms of Use, discontinue using the site immediately!
By using this site, you signify your Assent and
Agreement to these Terms of Use. If you do not agree to these Terms of
Use, do not use the site.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all
rights are reserved. Text, graphics, databases, HTML code, and other
intellectual property are protected by US and International Copyright
Laws, and may not be copied, reprinted, published, reengineered,
translated, hosted, or otherwise distributed by any means without
explicit permission. All of the trademarks on this site are trademarks
of Beautifulwarriorwomen.com or of other owners used with their
permission.
Database Ownership, License, and Use
Beautifulwarriorwomen.com warrants, and you
accept, that Beautifulwarriorwomen.com is the owner of the copyright of
the Databases of Links to articles and resources available from time to
time through http://www.beautifulwarriorwomen.com.
Beautifulwarriorwomen.com and its contributors reserve all rights and
no intellectual property rights are conferred by this agreement.
Beautifulwarriorwomen.com grants you a
non-exclusive, non-transferable license to use database(s) accessible
to you subject to these Terms and Conditions. The database(s) may be
used only for viewing information or for extracting information to the
extent described below.
You agree to use information obtained from
Beautifulwarriorwomen.com 's databases only for your own private use or
the internal purposes of your home or business, provided that is not
the selling or broking of information, and in no event cause or permit
to be published, printed, downloaded, transmitted, distributed,
reengineered, or reproduced in any form any part of the databases
(whether directly or in condensed, selective or tabulated form) whether
for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited
basis download or print out individual pages of information that have
been individually selected, to meet a specific, identifiable need for
information which is for your personal use only, or is for use in your
business only internally, on a confidential basis. You may make such
limited number of duplicates of any output, both in machine-readable or
hard copy form, as may be reasonable for these purposes only. Nothing
herein shall authorize you to create any database, directory or hard
copy publication of or from the databases, whether for internal or
external distribution or use.
Liability
The materials in this site are provided "as is"
and without warranties of any kind either express or implied.
Beautifulwarriorwomen.com disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose. Beautifulwarriorwomen.com does
not warrant that the functions contained in the materials will be
uninterrupted or error-free, that defects will be corrected, or that
this site or the server that makes it available are free of viruses or
other harmful components. Beautifulwarriorwomen.com does not warrant or
make any representations regarding the use or the results of the use of
the materials in this site in terms of their correctness, accuracy,
reliability, or otherwise. You (and not Beautifulwarriorwomen.com
assume the entire cost of all necessary servicing, repair or
correction. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited
to, negligence, shall Beautifulwarriorwomen.com be liable for any
special or consequential damages that result from the use of, or the
inability to use, the materials in this site, even if
Beautifulwarriorwomen.com or a Beautifulwarriorwomen.com authorized
representative has been advised of the possibility of such damages.
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. In no event shall
Beautifulwarriorwomen.com 's total liability to you for all damages,
losses, and causes of action (whether in contract, tort, including but
not limited to, negligence or otherwise) exceed the amount paid by you,
if any, for accessing this site.
Facts and information at this website are believed
to be accurate at the time they were placed on the website. Changes may
be made at any time without prior notice. All data provided on this
website is to be used for information purposes only. The information
contained on this website and pages within, is not intended to provide
specific legal, financial or tax advice, or any other advice,
whatsoever, for any individual or company and should not be relied upon
in that regard. The services described on this website are only offered
in jurisdictions where they may be legally offered. Information
provided in our website is not all-inclusive, and is limited to
information that is made available to Beautifulwarriorwomen.com and
such information should not be relied upon as all-inclusive or
accurate.
Links and Marks
The owner of this site is not necessarily
affiliated with sites that may be linked to this site and is not
responsible for their content. The linked sites are for your
convenience only and you access them at your own risk. Links to other
websites or references to products, services or publications other than
those of Beautifulwarriorwomen.com and its subsidiaries and affiliates
at this website, do not imply the endorsement or approval of such
websites, products, services or publications by
Beautifulwarriorwomen.com or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs,
words, titles or phrases at this website may constitute trade names,
trademarks or service marks of Beautifulwarriorwomen.com or of other
entities. The display of trademarks on this website does not imply that
a license of any kind has been granted. Any unauthorized downloading,
re-transmission, or other copying of modification of trademarks and/or
the contents herein may be a violation of federal common law trademark
and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and
confidential any Subscriber Code, username, user ID, or password which
you may have received from Beautifulwarriorwomen.com , and all
information to which you have access through password-protected areas
of Beautifulwarriorwomen.com 's websites and will not cause or permit
any such information to be communicated, copied or otherwise divulged
to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to
http://www.beautifulwarriorwomen.com. Beautifulwarriorwomen.com
reserves the right to issue revisions to these Terms of Use by
publishing a revised version of this document on this site: that
version will then apply to all use by you following the date of
publication. Each access of information from Beautifulwarriorwomen.com
will be a separate, discrete transaction based on the then prevailing
terms.
This Terms of Use and the license granted may not
be assigned or sublet by You without Beautifulwarriorwomen.com 's
written consent in advance.
These Terms of Use shall be governed by, construed
and enforced in accordance with the laws of the Nevada, as it is
applied to agreements entered into and to be performed entirely within
such jurisdiction.
To the extent you have in any manner violated or
threatened to violate Beautifulwarriorwomen.com and/or its affiliates'
intellectual property rights, Beautifulwarriorwomen.com and/or its
affiliates may seek injunctive or other appropriate relief in any state
or federal court in the State of Nevada, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree
to first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: LasVegas, Nevada. Any costs and
fees other than attorney fees associated with the mediation will be
shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Las Vegas, Nevada,
under the rules of the American Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
If any provision of this agreement is void or
unenforceable in whole or in part, the remaining provisions of this
Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until
terminated by either party. You may terminate this agreement at any
time by destroying all materials obtained from any and all
http://www.beautifulwarriorwomen.com site(s) and all related
documentation and all copies and installations thereof, whether made
under the terms of this agreement or otherwise. This agreement will
terminate immediately without notice at Beautifulwarriorwomen.com 's
sole discretion, should you fail to comply with any term or provision
of this agreement. Upon termination, you must destroy all materials
obtained from this site and any and all other
http://www.beautifulwarriorwomen.com site(s) and all copies thereof,
whether made under the terms of this agreement or otherwise.
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Subscriber/Buyer
Agreement
The Web site located at
http://www.beautifulwarriorwomen.com ("Site") is provided by
Beautifulwarriorwomen.com. Your access to and use of the Site is
governed by this Subscriber/Buyer Agreement ("Agreement"). As used in
this Agreement, "Beautifulwarriorwomen.com," "we," "us'" or "our"
refers to Beautifulwarriorwomen.com, and "you" or "your" refers to you,
the user of the Site. The Agreement below is the agreement you
consented to upon subscribing to the site. The Agreement does not apply
to use of the publicly available Web Site maintained by
Beautifulwarriorwomen.com.
1. Access and Passwords
As part of the subscription process for this Site,
you have selected or been assigned a particular username and password
in accordance with Beautifulwarriorwomen.com's username and password
guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO
ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO
PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You
agree that all actions taken by you, or any other user that accesses
the Site using your username and password, at or through the Site will
be attributed to and legally bind you, even with respect to acts for
which the user had no actual authority or made an error. You assume all
resulting liability from use of the Site and any services available on
it by you or others using your username or password. If you lose your
username or password, please contact us at:
elena.dahle@beautifulwarriorwomen.com.
2. Subscription Fees and Payments
You can always find the current Subscription Fees
posted on our site. Your subscription will continue and renew
automatically, unless terminated by Beautifulwarriorwomen.comor until
you notify Beautifulwarriorwomen.com by email or as designated on the
Site of your decision to terminate your subscription. If there are any
annual, monthly, or similar periodic fees for your subscription, these
fees will be billed automatically to the credit card designated during
the registration process for the Site or subsequently designated by you
to Beautifulwarriorwomen.com, at the start of the annual, monthly, or
similar period, and at the start of each renewal period, unless you
terminate your subscription before the relevant period begins. You
agree to pay or have paid all fees and charges incurred in connection
with your username and password for the Site (including any applicable
taxes) at the rates in effect when the charges were incurred. All fees
and charges are nonrefundable. Beautifulwarriorwomen.com may change the
fees and charges then in effect, or add new fees or charges, by giving
you notice in advance. All fees and charges incurred in connection with
your Beautifulwarriorwomen.com username and password will be billed to
the credit card designated during the registration process for the Site
or subsequently designated by you to Beautifulwarriorwomen.com. If you
want to designate a different card or there is a change in credit card
validity or expiration date, or if you believe someone has accessed the
Site using your username and password without your authorization, you
may email us at elena.dahle@beautifulwarriorwomen.com. You are also
responsible for any fees or charges incurred to access the Site through
an Internet service provider or other third party service. YOU, AND NOT
Beautifulwarriorwomen.com, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS
BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED
BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and
its terms are incorporated herein by this reference. Please read it now
at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news
groups, forums, and/or other message or communication facilities
("Communication Services") designed to enable you to communicate with
others. You agree to use the Communication Services only to submit or
post messages and material that are proper and, when applicable,
related to the particular Communication Service. You are also
prohibited from submitting to, posting or transmitting through
Beautifulwarriorwomen.com 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 local, state, national,
or international law. Content that consists of or contains software
viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam" is prohibited. You may not use a
false email or postal address, impersonate any person or entity, or
otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services,
offers, or other information that constitutes part of the content
expressed or made available by third parties are those of the
respective authors or distributors and not of Beautifulwarriorwomen.com
nor its affiliates, not any of their officers, directors, employees, or
agents. You acknowledge that Beautifulwarriorwomen.com does not
pre-screen all content, but that Beautifulwarriorwomen.com and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any content that is made available via the
Communication Services. Without limiting the foregoing,
Beautifulwarriorwomen.com and its designees shall have the right to
remove any content that violates this Agreement or is otherwise
objectionable. You specifically agree that Beautifulwarriorwomen.com is
not responsible for any content sent using and/or included in the Site
by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of
Beautifulwarriorwomen.com (or material that other suppliers have
licensed to Beautifulwarriorwomen.com for their use) which is
protected by copyright and other laws respecting proprietary rights.
Beautifulwarriorwomen.com retains all rights in the material and media,
including (without limitation) all copyright and other proprietary
rights worldwide in all media. You may not use
Beautifulwarriorwomen.com except as expressly permitted under this
Agreement and under U.S. copyright laws. Any routine and/or systematic
redistribution of any portion of the products licensed herein is
expressly prohibited.
End users who are duly authorized may Access
Beautifulwarriorwomen.com for individual use, i.e., may view the
information on screen; may download small portions of the information
to a computer disk for personal convenience and later reference; and
may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the
rights granted under the Copyright Act and do not include any rights to
reproduce in its entirety any portion of the information or materials
contained therein. No part of the information may be duplicated in any
medium or format beyond the express terms of this Agreement without
prior written authorization from Beautifulwarriorwomen.com. Any use not
authorized by the Agreement is prohibited and is not a fair use under
the U.S. copyright law.
You acknowledge that the information (and the
licensed materials contained therein) is highly proprietary in nature
and that unauthorized copying, transfer or use may cause
Beautifulwarriorwomen.com and/or Beautifulwarriorwomen.com’s suppliers
irreparable injury that cannot be adequately compensated for by means
of monetary damages. You agree that any breach of this provision by
you, or any subscriber or end-user, may be enforced by
Beautifulwarriorwomen.com, and/or any of Beautifulwarriorwomen.com’s
suppliers, by means of equitable relief (including, but not limited to,
injunctive relief) in addition to any other available rights and
remedies.
You agree that any supplier of any portion of the
licensed materials may enforce its rights against you, even though that
supplier is not a party to the Agreement.
You may not and may not permit others to:
reproduce, publish, distribute, sell, or otherwise access or use any
material retrieved from or contained in or on this Site in any manner
whatsoever that may infringe any copyright or proprietary interest of
Beautifulwarriorwomen.com; distribute the information contained in
and/on this Site to other users not duly authorized to Access the Site;
distribute, rent, sublicense, lease, transfer or assign the information
or Agreement; decompile, disassemble, or otherwise reverse-engineer
this Site or information contained in or on this Site or any software
contained therein, or alter, translate, modify, or adapt it to create
derivative works. Unauthorized reproduction, transfer, and/or use may
be a violation of criminal as well as civil law.
You are expressly prohibited from placing or
installing any portion of the information on any electronic media,
including, but not limited to, local or wide area networks, timesharing
services, multiple processing units, multiple site arrangements,
service or software rental bureaus, list servers, online services,
electronic bulletin boards or forums, World Wide Web sites or any other
server that is Internet-enabled, without written authorization by
Beautifulwarriorwomen.com.
If you breach any provision of this Agreement,
Beautifulwarriorwomen.com may immediately terminate this Agreement and
all licenses granted hereunder without prior notice and in addition to
any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree
not to:
a. Use Web-accelerated browsers or products
(including but not limited to NetJet, NetSonic, MSIECrawler and
Teleport-Pro), or other applications that are capable of copying large
portions of content from the Site. Beautifulwarriorwomen.com can detect
the use of these systems through live logfile analysis and will ban any
future use by offenders.
b. Use robots and crawlers, or similar technology,
without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we will ban
any offenders. If you are using a robot/crawler to check
Beautifulwarriorwomen.com links, it must operate according to the robot
guidelines (see above). Do not leave new robots unattended and allow a
minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like
to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or
disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site
for purposes not relating specifically to the Site;
f. Access the Site by any means other than through
the interface that is provided by Beautifulwarriorwomen.com, or attempt
or access any area of the Site to which your access is not authorized;
or
g. Reverse engineer, reverse assemble or otherwise
attempt to discover any source code relating the Site, except to the
extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other
content compiled by Beautifulwarriorwomen.com. While we use
commercially reasonable efforts to provide accurate information,
Beautifulwarriorwomen.com gives no warranty as to the accuracy of the
database and other content on the Site. Beautifulwarriorwomen.com
reserves the right to withdraw or delete information or content from
the Site at any time.
8. Links to Third Party Sites
Beautifulwarriorwomen.com does not endorse the
content on any third-party Web site, including Web sites of
Beautifulwarriorwomen.com's affiliates ("Third-Party Sites").
Beautifulwarriorwomen.com is not responsible for the content of
Third-Party Sites that you reach through links on the Site, sites
framed within the Site, or third-party advertisements on the Site, and
we do not make any representations regarding their content or accuracy.
Your use of Third-Party Sites is at your own risk and subject to the
terms and conditions of use for such sites. Any transaction that you
conduct at a Third-Party site will be between you and the party
providing that Web site. This means that Beautifulwarriorwomen.com is
not your agent and is not a party to any transaction at a Third-Party
Site.
9. Representations and Warranties
You represent and warrant to
Beautifulwarriorwomen.com that: (a) you possess the legal right and
ability to enter into this Agreement; (b) all information submitted by
you to the Site is true and accurate; (c) you will be responsible for
all use of your username and password even if such use was conducted
without your authority or permission; (d) you are at least 18 years
old; and (e) you will not use the Site for any purpose that is unlawful
or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED
AT OR FOUND WITHIN THIS SITE BY Beautifulwarriorwomen.com AND ITS
AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT
WARRANTIES OF ANY KIND, AND Beautifulwarriorwomen.com AND ITS
AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, Beautifulwarriorwomen.com DOES NOT MAKE ANY WARRANTIES
REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR
TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS
FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d)
FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE,
SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES,
FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES
CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE
OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL Beautifulwarriorwomen.com OR ANY
OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR
UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF
FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF
Beautifulwarriorwomen.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL Beautifulwarriorwomen.com
OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY
AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY
Beautifulwarriorwomen.com FROM YOU FOR ACCESS TO THE SITE AND ANY OF
THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and
pay our attorney's fees and costs, if we become liable for or incur any
damages in connection with your breach of this Agreement. You may not
settle any dispute without our prior consent, which may only be given
in a non-electronic writing signed by an authorized representative of
Beautifulwarriorwomen.com.
14. Consent to Electronic Notices and Other
Communications
You agree that all of your transactions relating
to the Site may, at our option, be conducted electronically, including
any that we are otherwise required to provide in "writing". For
example, we may send you notices via postings at the Site or via email
to any email address that you provide to us during registration as a
Site member. If you do not wish to deal with us electronically, you
should not use the Site or enter into this Agreement. If applicable law
now or later requires us to communicate with you non-electronically, we
reserve the right to charge a fee for doing so. Notice will be deemed
given 24 hours after the email is sent, unless (for email) we are
notified that the email address is invalid. Alternatively, we may give
you notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of
this Agreement (and any amendment from time to time) and retain it in
your records. You also agree to make a copy of any other information
that we deliver to you in writing.
16. Termination
Beautifulwarriorwomen.com may terminate your
subscription and/or access, or suspend access to all or part of the
Site, without notice, for any conduct that Beautifulwarriorwomen.com,
in its sole discretion, believes is in violation of this Agreement, any
applicable law, or any act which is harmful to the interests of another
user, service provider, or Beautifulwarriorwomen.com.
Beautifulwarriorwomen.com may also elect not to renew your subscription
and access by providing a notice of nonrenewal prior to the end of your
current subscription term. Applicable sections of this agreement will
survive any termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this
Agreement without the consent of an authorized representative of
Beautifulwarriorwomen.com in a non-electronic record, and any
assignment without Beautifulwarriorwomen.com's consent will be voidable
at Beautifulwarriorwomen.com's option. This Agreement will inure to the
benefit of and bind the parties' respective successors and permitted
assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the
State of Nevada, without regard to principles of conflict of laws.
To the extent you have in any manner violated or
threatened to violate Beautifulwarriorwomen.com and/or its affiliates'
intellectual property rights, Beautifulwarriorwomen.com and/or its
affiliates may seek injunctive or other appropriate relief in any state
or federal court in the State of Nevada, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree
to first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: LasVegas, Nevada. Any costs and
fees other than attorney fees associated with the mediation will be
shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: LasVegas, Nevada,
under the rules of the American Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
19. Amendments
Beautifulwarriorwomen.com may change the
provisions of this Agreement. When Beautifulwarriorwomen.com changes
the terms of this Agreement, Beautifulwarriorwomen.com will notify you
by email or online postings on this Site. The changes will also appear
in this document, which you can access any time. You already agreed to
be bound by the changes when you first subscribed to the site. If you
do not agree to be bound by the changes, you should not use the Site
again and you should cancel your subscription to the Site. Even if you
have not clicked on the "I Agree" button or checked the I agree box
when subscribing, if you use the Site after you have been notified of a
change to this Agreement, you are agreeing now to be bound by that
change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents
incorporated by reference) is the entire agreement between the parties
for its subject matter and supercedes all prior and contemporaneous
communications between the parties. No term of this Agreement may be
waived by Beautifulwarriorwomen.com except in a signed, non-electronic
writing signed by an authorized representative of
Beautifulwarriorwomen.com.
21. General
If any provision of this Agreement is found by a
court of competent jurisdiction to be invalid, the parties agree that
its remaining provisions will remain in full force and effect, provided
that the allocation of risks described herein is given effect to the
fullest extent possible. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to
subsequent or similar breaches. You agree that no joint venture,
partnership, employment or agency relationship exists between you and
Beautifulwarriorwomen.com or its affiliates as a result of this
Agreement or your use of the Site.
Artists
WORK MADE FOR HIRE AGREEMENT
This Agreement is made between Elena Smith-Dahle
(Client) with a principal place of business at POBox 5396, Pahrump, NV
89041 and Artist , with a principal place of business at: where you
live
1. Services to Be Performed
Artist agrees to perform the following services:
Create Art for sale or display on the
beautifulwarriorwomen.com web site.
2. Deadline
Writer's work must be completed on an ongoing
basis.
3. Payment
In consideration for the services to be
performed
by Artist, Client agrees to pay Artist $15 per photo.
4. Terms of Payment
Payment to artist will be made on a monthly basis
or every $100US whichever is less frequent.
5. Expenses
Artist will not be reimbursed for any expenses.
6. Independent Contractor Status
Artist is an independent contractor, not Client's
employee. Artist's employees or contract personnel are not Client's
employees. Artist and Client agree to the following rights consistent
with an independent contractor relationship.
Artist has the right to perform services for
others during the term of this Agreement.
Artist has the sole right to control and direct
the means, manner and method by which the services required by this
Agreement will be performed.
Artist has the right to perform the services
required by this Agreement at any place, location or time.
Client will not withhold FICA (Social Security and
Medicare taxes) from Artist's payments or make FICA payments on
Artist's
behalf, make state or federal unemployment compensation contributions
on Artist's behalf or withhold state or federal income tax from
Artist's
payments.
Artist is ineligible to participate in any
employee pension, health, vacation pay, sick pay or other fringe
benefit plan of Client.
Client shall make no state or federal unemployment
compensation payments on behalf of Artist and Artist will not be
entitled to these benefits in connection with work performed under this
Agreement.
7. Intellectual Property Ownership
To the extent that the work performed by Artist
under this Agreement (Artist's Work) includes any work of Authorship
entitled to protection under the copyright laws, the parties agree to
the following provisions.
Artist's Work has been specially ordered and
commissioned by Client as a contribution to a collective work, a
supplementary work or other category of work eligible to be treated as
a work made for hire under the United States Copyright Act.
Artist's Work shall be deemed a commissioned work
and a work made for hire to the greatest extent permitted by law.
Client shall be the sole author of Artist's Work
and any work embodying the Artist's Work according to the United States
Copyright Act.
To the extent that Artist's Work is not properly
characterized as a work made for hire, Artist grants to Client all
right, title and interest in Artist's Work, including all copyright
rights, in perpetuity and throughout the world.
Artist shall help prepare any papers Client
considers necessary to secure any copyrights, patents, trademarks or
intellectual property rights at no charge to Client. However, Client
shall reimburse Artist for reasonable out-of-pocket expenses incurred.
Artist agrees not to use any of the intellectual
property mentioned above for the benefit of any other party without
Client's prior written permission.
8. Confidentiality
Artist will not disclose or use, either during or
after the term of this Agreement, any proprietary or confidential
information of Client without Client's prior written permission except
to the extent necessary to perform services on Client's behalf.
Proprietary or confidential information includes:
The written, printed, graphic or electronically
recorded materials furnished by Client for Artist to use;
Business plans, customer lists, operating
procedures, trade secrets, design formulas, know-how and processes,
computer programs and inventories, discoveries and improvements of any
kind; and
Information belonging to customers and suppliers
of Client about whom Artist gained knowledge as a result of Artist's
services to Client.
Artist shall not be restricted in using any
material that is publicly available, already in Artist’s possession or
known to Artist without restriction, or which is rightfully obtained by
Artist from sources other than Client.
Upon termination of Artist's services to Client,
or at Client's request, Artist shall deliver to Client all materials in
Artist's possession relating to Client's business.
9. Terminating the Agreement
With reasonable cause, either Client or Artist may
terminate this Agreement, effective immediately upon giving written
notice.
10. Artist's Representations and Warranties
Artist represents and warrants that:
Artist is free to enter into this agreement; and
Artist will not violate the right of privacy or
publicity or infringe upon any copyright or other proprietary right of
any other person or entity.
11. Exclusive Agreement
This is the entire Agreement between Artist and
Client.
12. Applicable Law
This Agreement will be governed by the laws of the
State of Nevada.
13. No Partnership
This Agreement does not create a partnership
relationship. Artist does not have authority to enter into contracts on
Client's behalf.
14. Assignment
Artist may not assign or subcontract any rights or
obligations under this Agreement without Client's prior written
approval.
15. Dispute Resolution
If a dispute arises under this Agreement, the
parties agree to first try to resolve the dispute with the help of a
mutually agreed-upon mediator in the following location: LasVegas,
Nevada. The parties shall share any costs and fees other than attorney
fees associated with the mediation equally.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, the parties agree to submit
the dispute to binding arbitration in the following location: LasVegas,
Nevada under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitrator may be entered in
any court with jurisdiction to do so.
LEGAL
DISCLAIMER
The
information in this site is purely opinion and anecdotal. In
no way, is any posting, article, or response intended to be legal
advice and advertisement or solicitation. You are the
judge of the quality of our information and should do your own due
diligence.. Laws vary from state to state, if you have a
legal question contact a lawyer in your state.
In no
event will BeautifulWarriorWomen.com , individually or collectively be
liable
to any party for any direct, indirect, special or other consequential
damages for any use of the Web site.
The
information contained in this Site is for general guidance on matters
of interest only. The application and impact of laws can vary widely
based on the specific facts involved. Given the changing nature of
laws, rules and regulations, and the inherent hazards of electronic
communication, there may be delays, omissions or inaccuracies in
information provided by guests and various experts.
While we
have made every attempt to ensure that the information contained in
this Site has been obtained from reliable
sources, BeautifulWarriorWomen.com is not responsible for any errors or
omissions, or for the results obtained from the use of this
information. All information contained in this site is provided
"as is" with no guarantee of completeness, accuracy, timeliness or of
the results obtained from the use of this information, and without
warranty of any kind, expressed or implied, including but not limited
to, expressed or implied warranties of performance, merchantability and
fitness for a particular purpose. In no event will
BeautifulWarriorWomen.com,
its' related partnerships or corporations, or the partners, agents, or
employees thereof be liable to you or anyone else for an decision made
or action taken in reliance on the information in this site or for any
consequential, special or similar damages, even if advised of the
possibility of such damages.
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