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The relationship between GirlFriendCircles.com (the domain of GirlFriendCircles
LLC, referenced herein as “GirlFriendCircles” or “Site”) and You (the “User” or
“Your”) is set forth in these Terms of Use (the “Terms”) that contain the terms
and conditions that will govern the use of our services. By using the Site You agree
to abide by these Terms. Additionally, when signing-up, new members must provide
their initials indicating that as a User they have read and accept the following
Terms of Use. These Terms are subject to change by GirlFriendCircles sole discretion
at any time, with or without notice. Your continued use of this Site or the Services
after the posting of revisions to these Terms will constitute Your acceptance of
such revisions. GirlFriendCircles will always post revision dates at the top of
this document to ensure open communication.
GirlFriendCircles
GirlFriendCircles.com is a communications platform enabling the connection between
women seeking to broaden their circles of girlfriends and build friendships with
other women within their local cities
Eligibility and Capacity
GirlFriendCircles is intended for women over the age of 21. By joining GirlFriendCircles
and/or using the Site, You represent and warrant that You are at least 21 years
old. You represent that You have the legal capacity to agree to the Terms set forth
herein. In addition, You represent that You are either (i) a United States citizen
or (ii) an individual who is legally in the jurisdiction of the United States. GirlFriendCircles
does not conduct criminal background screenings on its members. However, GirlFriendCircles
reserves the right to conduct a criminal background check using available public
records at any time.
Use of Site and Services
GirlFriendCircles is intended for the purpose of facilitating healthy friendships.
The Site and related services may not be used by any User to recruit, solicit, or
contact in any form Users for employment or for soliciting for any business, organization,
or person for a business not affiliated with GirlFriendCircles. Should GirlFriendCircles
find that You violate the Terms, GirlFriendCircles reserves the right to terminate
Your use of this Site at its sole discretion immediately. As a User of the Site,
You agree to the following:
- Exclusive Use. Your account is for Your personal use only. You may not authorize
others to use Your account, and You may not assign or otherwise transfer Your account
to any other person or entity. You acknowledge that GirlFriendCircles is not responsible
for third party access to Your account that results from theft or misappropriation
of Your user names and passwords.
- Risk Assumption and Precautions. YOU ASSUME ALL RISK WHEN USING THE SITE
AND THE SERVICES OF GIRLFRIENDCIRCLES, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS
ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS. YOU AGREE TO TAKE
ALL NECESSARY PRECAUTIONS WHEN MEETING INDIVIDUALS THROUGH THE SERVICE. IN ADDITION,
YOU AGREE TO REVIEW AND FOLLOW THE RECOMMENDATIONS SET FORTH IN THE SAFETY TIPS.
YOU UNDERSTAND THAT GIRLFRIENDCIRCLES MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED,
REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET OR AS TO THE CONDUCT
OF SUCH INDIVIDUALS. YOU FURTHER UNDERSTAND THAT GIRLFRIENDCIRCLES MAKES NO GUARANTEES
AS TO NUMBER OR FREQUENCY OF MATCHES THROUGH THE SERVICE.
- Information Submitted. You are solely responsible for, and assume all liability
regarding, (i) the information and content You contribute to the Site; (ii) the
information and content You post, transmit, publish, or otherwise make available
(hereinafter “post”) through the Site; and (iii) Your interactions with other Users
through the Site and Services.
- Reporting of Violations. You will promptly report to GirlFriendCircles any
violation of the Terms by others, including but not limited to the Users.
- Content Removal. GirlFriendCircles reserves the right, but has no obligation,
to monitor the information or material You submit to the Services or post in the
public areas of the Services. GirlFriendCircles will have the right to remove any
such information or material that in its sole opinion violates, or may violate,
any applicable law or either the letter or spirit of these Terms or upon the request
of any third party.
- Posting and Communication Restrictions. You will not post on the Services,
transmit to other users, communicate any content (or links thereto), or otherwise
engage in any activity on the Site or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users
of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented,
obscene or otherwise objectionable;
- contains others’ copyrighted content (e.g., music, movies, videos, photographs,
images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another person without his or her
permission (or in the case of a minor, the minor’s legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how
to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass
another person, obtain others’ identity information, create or disseminate computer
viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful,
or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion,
cult, or sect;
- disseminates another person’s personal information without his or her permission,
or collects or solicits another person’s personal information for commercial or
unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’
enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association
with, any person or entity;
- solicits gambling or engages in any gambling or similar activity
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects, solicits or disseminates personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling,
or similar activities.
- No False Information. You will not provide inaccurate, misleading or false
information to GirlFriendCircles or to any other User. If information provided to
GirlFriendCircles or another User subsequently becomes inaccurate, misleading or
false, You will promptly notify GirlFriendCircles of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit
any user to buy or sell any products or services through the Site or Services. You
may not transmit any chain letters, junk or spam e-mail to other users. Further,
You will not use any information obtained from the Services in order to contact,
advertise to, solicit, or sell to any user without their prior explicit consent.
If You breach these Terms and send or post unsolicited bulk email, “spam” or other
unsolicited communications of any kind through the Services, You acknowledge that
You will have caused substantial harm to GirlFriendCircles, but that the amount
of such harm would be extremely difficult to ascertain. As a reasonable estimation
of such harm, You agree to pay GirlFriendCircles $50.00 USD for each such unsolicited
communication You send through the Services.
- Unique and Bona Fide Profile. As a Registered User, You will create only
one unique profile. In addition, Your use of the Service must be for bona fide relationship-seeking
purposes in order to maintain the integrity of the Service. Not all registered users
are available for matching. From time to time, GirlFriendCircles may create test
profiles in order to monitor the operation of the Services.
- No Harassment of GirlFriendCircles Employees or Agents. You will not harass,
annoy, intimidate or threaten any GirlFriendCircles employees or agents engaged
in providing any portion of the Services to You.
Fees and Payment Policy
We guarantee that we will offer you the opportunity to meet new friends in your
area or we won’t charge you! Users that sign up will choose to pay $49.95/year
or $29.95/6 months (though this rate structure may change from time to time). Users
will submit credit card information upon sign-up, but will not be charged until
matched into a ConnectingCircle. While this match typically occurs within 7-14 days,
Users with unique profiles may take up to 28 days to be matched. GirlFriendCircles
is not responsible for whether You RSVP or attend Your ConnectingCircle, only that
You are matched. If You cannot attend your first match, you can choose to be matched
again in a new ConnectingCircle, simply Follow instructions in the e-mails from
GirlFriendCircles. Once the User has attended a match and completed the ConnectingCircle,
the User will have access to all tools and features on GirlFriendCircles.com.
GirlFriendCircles will ask subscribers to submit a credit card number and other billing
information, even if the User joins for free as we want to ensure the identity of
each User. While GirlFriendCircles will endeavor to ensure the privacy of
credit card and other personal information, we expressly disclaim any liability
for any damages that may result should any information be released to any third
parties as set forth in the General Release below. Due to heightened safety and
extra fraud protection inherent with credit cards, GirlFriendCircles strongly suggests
Users consider using credit card, rather than debit cards on any website, including
GirlFriendCircles. User does hereby agree to hold GirlFriendCircles harmless for
any damages that may result there from. GirlFriendCircles uses a third party service
to process Your credit card. For further information regarding those services, please
contact Authorize.net.
We use 128-Bit SSL encryption to ensure your credit card information
is safe.
Continuous Service Membership
Membership in GirlFriendCircles is on a continuous service basis so that your service
isn’t disrupted. This means that once You have become a subscribing member, Your
subscription will automatically be renewed at 5.95 a month. You may cancel
at any time. See Cancellation/ Termination Policy below.
Cancellation/ Termination Policy
GirlFriendCircles hopes for a long-lasting and positive relationship with all Users,
past, present and future. You may terminate Your membership at any time, for any
reason or no reason, by emailing notice of termination to
service@GirlfriendCircles.com. If You terminate Your membership, Your
membership will remain active until the end of Your then-current membership period
(that is, the period through which You had paid prior to Your termination) and you
will not receive any refund for any unused days of such subscription term.
GirlFriendCircles has the right to terminate Your membership by sending notice to
You at the email address You provide in Your application for membership, or such
other email address as You may later provide. If GirlFriendCircles terminates Your
membership for any reason in GirlFriendCircles discretion, including, but not limited
to, a breach of these Terms, You will not be entitled to any refund of unused membership
fees. All decisions regarding the termination of accounts shall be made in the sole
discretion of GirlFriendCircles. GirlFriendCircles is not required to provide notice
prior to terminating Your membership. GirlFriendCircles is not required, and may
be prohibited, from disclosing reason(s) for the termination. After Your membership
is terminated, these Terms will remain in effect to the fullest extent enforceable
by law. All terms that by their nature may survive termination of these Terms shall
be deemed to survive such termination.
Intellectual Property Rights & Notice of Trademark Rights
We took great care in developing GirlFriendCircles. The service marks and trademarks
"GirlFriendCircles" and the GirlFriendCircles logo are service marks owned by GirlFriendCircles,
LLC. All text, graphics, editorial content, data, formatting, graphs, designs, HTML,
look and feel, photographs, music, sounds, images, software, videos, designs, typefaces
and other content (collectively "Proprietary Material") that users see or read on
the Site is owned by GirlFriendCircles, LLC. or is used with permission. This Proprietary
Material is protected in all forms, media and technologies now known or hereinafter
developed. GirlFriendCircles owns or has the right to use all Proprietary Material.
You may not copy, download, use, redesign, reconfigure or retransmit any of these
marks, logos or trade names without the prior written permission of GirlFriendCircles.
Violation of this policy may result in copyright, trademark or other intellectual
property rights violations, and subject Users termination from the use of this Site
and/or civil or criminal penalties GirlFriendCircles grants You a nonexclusive,
revocable, non-transferable, limited license to use the Site provided that You use
such Site in accordance with the Terms and that You do not (i) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, (ii) modify or attempt to modify the Site in any manner
or form.
Privacy Policy
GirlFriendCircles respects Your privacy and has written a Policy to demonstrate
our commitment. This Privacy Policy is located
on its Site as modified by GirlFriendCircles from time to time and shall govern
any disclosure or use of User’s personal information. The Privacy Policy is incorporated
by this reference as if fully set forth herein.
No Agency
Other than these Terms and the Privacy Policy,
You and GirlFriendCircles are not legally affiliated in any way by virtue of Your
membership or usage of GirlFriendCircles Site or intellectual property. No independent
contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee
relationship is intended or created by these Terms or the Privacy Policy.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER
GirlFriendCircles NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; NOR DOES GirlFriendCircles MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION; THE SUITABILITY, RELIABILITY, SAFETY,
OR APPROPIRATENESS OF ANY SERVICE OFFERED THROUGH, OR PROVIDED BY, THIS SITE; OR
THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OF ANY MERCHANDISE PROVIDED
THROUGH THE SITE UNLESS SUCH SERVICE OR MERCHANDISE IS COVERED BY AN EXPRESS WARRANTY
IN WRITING PROVIDED AT THE TIME OF SALES. THE SITE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR
A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE
THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF YOUR USE OF THE INFORMATION.
GirlFriendCircles, LLC AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM
VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. PARTIES OTHER THAN GirlFriendCircles
AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED
BY USERS IS NOT DISCLOSED, ONLY TO THOSE SPECIFIED BY USERS. GIRLFRIENDCIRCLES CANNOT
AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS
WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
General Release from Liability
You as a User do hereby represent, understand, and expressly agree that none of
GirlFriendCircles and its principals, owners, investors, officers, directors, employees,
agents, licensors, licensees, independent contractors, attorneys, subsidiaries,
affiliates, successors and assigns has, exercises or purports to exercise control
over (1) the quality, timing, legality, standard of the interactions; or (2) the
integrity, solvency, responsibility, or any actions or failures to act of any User.
By clicking the "I accept" button below or otherwise utilizing any portion of this
Site or services provided by GirlFriendCircles, You on behalf of Yourself ("You")
hereby release GirlFriendCircles and its principals, owners, investors, officers,
directors, employees, agents, licensors, licensees, independent contractors, subsidiaries,
affiliates, successors and assigns ("Releases") from any and all claims, demands,
actions, causes of action, suits, liabilities, costs, damages (whether actual, compensatory,
consequential, general, special, incidental, direct, indirect, exemplary, punitive
and/or otherwise defined), costs, compensation, penalties, claims for attorneys'
fees, and obligations of any kind or nature whatsoever, that, but for this General
Release, You may have had, now have, or may have in the future against any of the
Releases, whether known or unknown, direct or consequential, foreseen or unforeseen,
matured or immature, developed or undeveloped, manifested or not manifested, fixed
or contingent, joint or several, that result from, involve, arise from, or relate
in any way to, utilization by You of any portion of this Site or any services provided
by GirlFriendCircles (the "Released Claims"). You expressly agree and acknowledge
that "Released Claims" include but are not limited to: (1) any disputes that may
arise between You and any other Users; (2) the exercise by GirlFriendCircles of
its right to revoke or suspend the privilege of any User, including You, to use
this Site; (3) the use by You of any linked web sites that may appear on this Site;
(4) destruction, deletion, inaccurate reproduction, interception, misappropriation,
or unauthorized use by any third party of any information provided by You, including
without limitation personal and credit card information; (5) any information provided
by, and any misstatements, misrepresentations, or statements made by, any User of
this Site, including You; (6) any actions or inactions by any User of this Site;
(7) Your inability to use this Site; (8) any breach of any warranty claimed to apply
to Your use of this Site or any service or merchandise provided by GirlFriendCircles
(except insofar as an express warranty is given in writing with respect to specific
merchandise at the time of sale). You expressly agree and acknowledge that this
Release is intended to be general in nature and to release fully, finally, and forever
all Released Claims against all Releases, including those that are unknown, unanticipated,
unsuspected, or may arise in the future. You acknowledge that You are familiar with,
and voluntarily waive, any and all rights under 1542 of the California Civil Code
(and any similar provisions of the laws of any other jurisdiction), which provides:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which
if know by him or her must have materially affected his or her settlement with the
debtor." You acknowledge that: (1) this General Release is a condition to Your use
of any portion of this Site or any services provided by GirlFriendCircles; (2) Your
use of any portion of this Site or other services provided by GirlFriendCircles
constitutes full and sufficient consideration for this General Release; (3) You
have read and understood the terms of this General Release; (4) You have either
consulted an attorney or voluntarily chosen not to do so; (5) You have voluntarily
accepted the terms of this General Release; and (6) the terms of this General Release
cannot be modified, except in writing signed or properly accepted by You and GirlFriendCircles.
Indemnification
By utilizing any portion of this Site, or services by GirlFriendCircles, You, ("You"),
hereby agree to indemnify and hold harmless GirlFriendCircles and its principals,
owners, investors, officers, directors, employees, agents, licensors, licensees,
independent contractors, attorneys, subsidiaries, affiliates, successors, and assigns
("Indemnitees") from and against any and all claims, demands, actions, causes of
action, suits, liabilities, costs, damages (whether actual, compensatory, consequential,
general, special, incidental, direct, indirect, exemplary, and/or punitive), actions,
causes of action, suits, costs, compensation, penalties, claims for attorneys' fees,
defense costs (including attorneys' fees), and obligations of any kind or nature
whatsoever that may or would otherwise be incurred by Indemnities in connection
with any demand, claim, suit, cause of action, or other assertion by any third party
that results from, involves, arises from, or relates in any way to: (1) any information,
materials, statements, items and/or content that You submit, post or transmit, directly
or through a third party, to or through this Site; (2) any services that You perform
for another User; (3) any dispute between You and another User; (4) any actions
or inactions that You take with respect to any other User; (5) the use of any account
You create on this Site by You or any third party; (6) any actions or inactions
You take that relate in any way to this Site or services provided by GirlFriendCircles
and that violate or are alleged to violate any applicable law; and (7) Your use
of this Site, any services provided by GirlFriendCircles, and/or any linked websites
that may appear on this Site in violation of these Terms and Conditions or any applicable
law. You agree to assume, at Your sole expense and risk, the defense of any matter
tendered to You hereunder by any Indemnified Party. GirlFriendCircles reserves the
right, to assume, at Your cost, the exclusive control of the defense of any matter
subject to indemnification hereunder. You agree that You will cooperate as reasonably
necessary in the defense of all such matters. You agree that You will not settle
any claim or matter subject to indemnification hereunder without the written consent
of GirlFriendCircles.
Limitation of Liability (a.k.a. Liquidated Damages)
In the event that any provision of these Terms that seeks to absolve GirlFriendCircles
and the other Releases from liability is held to be invalid or unenforceable in
whole or in part, You expressly agree that the aggregate joint and several liability
of GirlFriendCircles and the other Releases with respect to any Released Claim will
in no event exceed the total amount, if any, that You have paid to GirlFriendCircles
pursuant to these Terms.
Arbitration
Any controversy or claim arising out of or relating to these Terms or our services
shall be settled by binding arbitration in accordance with the commercial arbitration
rules and under the process of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in San Francisco, California and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Either You or GirlFriendCircles
may seek any interim or preliminary relief from a court of competent jurisdiction
in San Francisco, California, necessary to protect the rights of property for You
or GirlFriendCircles pending the completion of arbitration.
Waiver
Failure by GirlFriendCircles to enforce any provision(s) of these Terms shall not
be construed as a waiver of any provision or right. If any provision of these Terms
is found to be invalid or unenforceable, the remaining provisions shall be enforced
to the fullest extent possible, and the remaining Terms shall remain in full force
and effect.
Terms
These Terms will remain in effect until terminated by GirlFriendCircles. Even after
your membership or subscription has expired or is terminated, these Terms will remain
in effect. All Terms that by their nature may survive termination of these Terms
shall be deemed to survive such termination.
Modification of the Terms of these Terms
GirlFriendCircles reserves the right to make changes to these Terms from time to
time.
Notices
Any notice or other communication to be given hereunder will be in writing and given
by electronic mail. It is the User’s responsibility to maintain a current email
address with GirlFriendCircles.
Governing Law
These Terms shall be interpreted in accordance with the laws of the State of California
(excluding any rules governing choice of laws) and any legal proceeding arising
out of these Terms and Conditions will occur in San Francisco, California.
Successors and Assigns
These Terms will be binding on and will inure to the benefit of the legal representatives,
successors and assigns of the parties hereto.
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