TERMS AND CONDITIONS OF WEBSITE USE
Updated July 2008.
This Website is provided by My Princess LLC, and its affiliates and subsidiaries including My Princess Academy (collectively, “My Princess LLC” and “we”). Your use of www.MyPrincessAcademy.com the “Website” is subject to these Terms and Conditions of Website Use (the “User Agreement”). This User Agreement governs the relationship between My Princess LLC and you, our Website visitor (“you” or “your”), with respect to your use of the Website and your purchase of any products or services from the Website. It is important that you carefully read and understand the terms and conditions of this User Agreement. By visiting or using the Website, including without limitation to (i) accessing, using, and/or downloading information, (ii) sending messages, information, data, text, software or images, or other information to the Website, or (iii) otherwise using, accessing or purchasing any services, you agree on your own behalf, and on behalf of any person or entity on whose behalf you may act, to accept and abide by this User Agreement. If you do not agree to these terms and conditions, please do not use the Website or any of the services or information. Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
1. Right to Use this Website
My Princess LLC grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon acceptance of all of the terms of this User Agreement. This Website contains materials and other items relating to My Princess LLC and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of My Princess LLC and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and any such use may result in your personal liability, including potential criminal liability.
All Content is copyrighted, and it is either owned or used with permission by My Princess LLC. My Princess LLCdisclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with My Princess LLC.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on your personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
My Princess LLC respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
The trademarks, logos, and service marks displayed on this Website are owned by My Princess LLC and third parties, and this Website's trade dress is owned by My Princess LLC (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by My Princess LLC are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
4. Your Communications to My Princess LLC; My Princess LLC Rights to Your Submissions
My Princess LLC like to hear from you. However, in your communications with My Princess LLC, please keep in mind that, unless it specifically requests them, My Princess LLC does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send any unsolicited materials to My Princess LLC, such as ideas for toys, games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.
Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to My Princess LLC via this Website or by fax, mail, or otherwise transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and My Princess LLC will not assume any responsibility, obligation, or liability for them or for My Princess LLC’s receipt or non-receipt of them. My Princess LLC’s receipt of Your Submissions is not an admission by My Princess LLC of their novelty, priority, or originality, and it does not impair My Princess LLC's right to contest existing or future intellectual property rights relating to Your Submissions.
You grant My Princess LLC a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by My Princess LLC in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Create and Account
As part of the process of creating an account, you will be asked to select a nickname and password. We may refuse to grant you a nickname that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar, disrespectful, or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the website to any third party. You should never disclose your password to anyone else. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at firstname.lastname@example.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
6. Online Shopping
A. No Purchases by Minors
By ordering a product or service online from My Princess LLC, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from My Princess LLC without parental or guardian permission, then the parent or guardian may return the product or cancel the service for a refund according to the posted returns and exchanges policy that relate to that order.
You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. All amounts appearing on the Website are quoted in U.S. dollars. Once you have completed your purchase, you will get a confirmation with a princess access code and receive an e-mail confirming your order. Please write down the princess access code and keep this e-mail as it is your sales receipt and order confirmation for products and/or services ordered, and will include My Princess Academy customer service information which you should use to contact My Princess Academy if you require additional information about orders, pricing, products, services, accounts or passwords. The address for support is CustomerService@myprincessacademy.com .
C. Shipping and Processing; Insurance
You are also responsible for paying all shipping and handling charges (as disclosed during checkout) relating to your online purchases (including any product offered with a service).
D. Returns and Warranties
Subject to applicable laws, shipping, return and exchange of any product or service purchased from the Website will be governed by My Princess Academy online store’s Shipping and Return policies, which can be found at www.myprincessacademy.com/customerservice. We reserve the right, without prior notification, to change our Shipping and Return policies at any time.
7. Use Restrictions
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
8. Community Areas;
Code of Conduct.
You agree not to:
8.1. restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
8.2. express or imply that any statements you make are endorsed by us, without our prior written consent;
8.3. transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
8.4. engage in spamming or flooding;
8.5. upload any submission that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the service or Website;
8.6. use the Website, information or services in any manner that is unlawful, including accessing the Website, services and/or information from any location where such access may be illegal or otherwise prohibited;
8.7. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or information;
8.8. remove any copyright, trademark or other proprietary rights notices contained in or on the information, Website or services;
8.9. “frame” or “mirror” any part of the Website without our prior written authorization;
8.10. link to any page or content on any Website other than the Website homepage;
8.11. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
8.12. forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; and/or
8.13. harvest or collect information about Site visitors or members without their express consent.
When using the Website, information or services, you agree to comply with all applicable laws, rules and regulations.
My Princess LLC may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, My Princess LLC will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although My Princess LLC reserves the right to do so in its sole discretion. My Princess LLC does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you upload or post to this Website, you represent and warrant to My Princess LLC that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).
My Princess LLC reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. My Princess LLC also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website that violate this User Agreement and to deny access by any user to this Website, for cause.
9. Investigations; Cooperation with Law Enforcement; Termination
My Princess LLC reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or (f) terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
This User Agreement shall remain effective until terminated in accordance with its terms or amended. In addition, we reserve the right to immediately terminate this User Agreement, and/or your access to and use of the website, or any portion thereof, at any time and for any reason. Upon amendment or termination of this User Agreement, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this User Agreement or otherwise. All disclaimers and all limitations of liability and all My Princess LLC rights of ownership shall survive any termination.
10. Privacy and Security Measures
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer (SSL) technology to protect credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make this Website (and our products and services) available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to My Princess LLC.
11. Disclaimers and Limitations of Liability
This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MY PRINCESS ACADEMY DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN MY PRINCESS ACADEMY WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, MY PRINCESS ACADEMY WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF MY PRINCESS LLC OR ANY OF MY PRINCESS LLC’S REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to your use.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
12. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with My Princess LLC or cause confusion among consumers, (d) the links and related content on your site do not portray My Princess LLC or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
13. Links on this Website to and from Other Sites
14. Banners, Advertisements, and Promotions
We also reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). My Princess LLC disclaims all liability in connection with therewith.
15. Procedure for Alleging Copyright Infringement
My Princess LLC will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:
- (i) a legend or subject line that says: "DMCA Copyright Infringement Notice";
- (ii) a description of the copyrighted work that you claim has been infringed;
- (iii) the URL of the site and a description of where the material that you claim has been infringed is located;
- (iv) your address, telephone number, and e-mail address;
- (v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
- (vii) your electronic or physical signature.
My Princess LLC will only receive DMCA notices by mail or e-mail at the addresses below:
By Mail: My Princess LLC
31 W. 34th Street, 8th Floor New York, NY 10001
Attention: My Princess LLC - Legal and Business Affairs
By E-Mail: CopyrightInfringement@MyPrincessAcademy.com
My Princess LLC may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and My Princess LLC may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
16. General Provisions
You agree to indemnify, defend, and hold harmless My Princess LLC (which includes My Princess LLC Company’s affiliates and subsidiaries including My Princess Academy) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
B. Revisions to this Website and this User Agreement
My Princess LLC may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any content, any activities available on this Website, and any products or services offered through this Website. My Princess LLC may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
The My Princess LLC Company controls and operates this Website from its headquarters in New York, NY and through it’s agency in Irvine, CA in the United States of America, and makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although My Princess LLC products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
D. Jurisdiction, Venue, and Alternative Dispute Resolution
Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and the My Princess LLC Sales Company will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York, NY, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by My Princess LLC relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in New York, NY. Accordingly, you consent to the personal jurisdiction of the courts in New York County, New York with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by the My Princess LLC to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, My Princess LLC’s operations, and/or My Princess LLC's products or services caused by your act or failure to act.
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.