TERMS OF USE OF HALFPRETTIES.COM
Please also visit our Privacy Policy section for information explaining the information we collect and how we use it.
Date of Last Revision: September 7, 2011
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by Half Pretties, LLC (“Half Pretties”). By accessing or using Half Pretties’ website or services, or the mobile versions of either, (collectively the "Website") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and any other applicable law, whether or not you are a registered member of Half Pretties. Half Pretties may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.
Intellectual Property
Copyright © 2011 Half Pretties, LLC. All rights reserved.
Unless otherwise noted, all materials, including without limitation all images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Website (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Half Pretties. This website as a whole is protected by copyright and trade dress and Half Pretties owns all worldwide right, title and interest in such copyright and trade dress. All Half Pretties trademarks appearing at this website are registered or common law trademarks of Half Pretties. You may download, print and store selected portions of the Content only if you: (i) only use these copies for your own personal, non-commercial use; (ii) do not copy or post the Content on any network computer or broadcast the Content in any media; and (iii) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading. Half Pretties reserves all right, title, interest and full intellectual property rights in any Content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from or otherwise use the Content on this website.
Website Use Restrictions
You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase Half Pretties products. Any other use is prohibited unless agreed to by Half Pretties in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or Content appearing on the Website, without Half Pretties' prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
Product Orders
All orders placed through the Website are subject to Half Pretties’ acceptance. This means that Half Pretties may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Half Pretties will issue you a refund.
Safeguard Your Username/Password
You are responsible for any actions that take place while using your Half Pretties account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Half Pretties immediately of any unauthorized use of your Half Pretties account. Half Pretties is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
Eligibility and Registration
To become a member of the Half Pretties Website you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Website. This Website is intended solely for users who are eighteen (18) years of age or older and it is a violation of these Terms of Use for anyone under 18 to register for the Website. You represent and warrant that you are 18 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Half Pretties Website any content that violates another party's intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give Half Pretties legally sufficient notice of alleged infringement. Send copyright infringement complaints to:
_1110 page st. Sf____________________________________
______94117_______________________________
Telephone: ____________________________
Fax: _________________________________
We suggest that you consult your legal advisor before filing a DMCA notice. There can be penalties for false claims under the DMCA.
Links
The Website may contain links to websites operated by other companies. Half Pretties does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. Half Pretties is not responsible for the content or policies of linked websites and you access such websites at your own risk.
Mobile Services
The Website may contain services and features that are available to certain mobile phones. Your carrier's normal rates and fees apply. If Half Pretties charges you for a mobile service, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Half Pretties's mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
Indemnification
You agree to indemnify, defend, and hold harmless Half Pretties, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.
Privacy
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.
User Interaction Disclaimer
You are solely responsible for your interactions with other Website users, whether online or offline in person. Half Pretties is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. Half Pretties is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Warranty Disclaimer
Half Pretties is not responsible or liable for any Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Half Pretties disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Half Pretties cannot guarantee and does not promise any specific results from use of the Website. Half Pretties does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Half Pretties does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. Half Pretties reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
HALF PRETTIES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A HALF PRETTIES’, EVEN IF HALF PRETTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST HALF PRETTIES FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF HALF PRETTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, HALF PRETTIES’ LIABILITY SHALL NOT EXCEED US$100.00. 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.
Miscellaneous
You agree that this Website shall be deemed a passive website solely based in California, which does not give rise to personal jurisdiction over Half Pretties in jurisdictions other than California. You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and Half Pretties shall be governed in all respects by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Half Pretties products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in San Francisco County, California. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Francisco County, California. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Half Pretties products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive certain electronic communications from Half Pretties. You agree that any notice, agreement, disclosure or other communication that Half Pretties sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Half Pretties' failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Half Pretties may assign its rights and duties under this Agreement to any party at any time without notice to you.
Severability
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
Termination
Half Pretties reserves the right in its sole discretion to terminate your account, delete your profile, if any, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Half Pretties also reserves the right to block users from certain IP addresses and prevent access to the Website. You may terminate your account at anytime by clicking the “deactivate account” button in the Account Settings. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.