Last Updated: MARCH 15, 2021
These Terms & Conditions apply to The Girls Do Everything website located at www.thegirlsdoeverything.com and all other sites, services, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “The Girls Do Everything”, “TGDE”, “us”, or “we” refers to The Masani Network, LLC, and its subsidiaries and affiliates.
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of The Girls Do Everything or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights and treaties around the world. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of The Masani Network, LLC. and protected by U.S. and international copyright laws. All such rights are reserved by us and our licensors; The Girls Do Everything and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
TGDE grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the UNLAWFUL OR PROHIBITED USES section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
UNLAWFUL OR PROHIBITED USES
You must not misuse the Website. The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to The Girls Do Everything that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
- Make any commercial use of the Site or its content, including making any collection or use of any product listings, descriptions, prices, or images;
- Download, copy, or transmit any content for the benefit of any other merchant;
- Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by The Girls Do Everything or generally publicly available browsers;
- Frame, mirror, or use framing techniques on any part of the Site without The Girls Do Everything’s express prior written consent;
- Make any use of data extraction, scraping, mining, or other data gathering tools; create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
- Use any meta tags or any other hidden text utilizing The Girls Do Everything’s name or marks;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- Use a buying agent to conduct transactions on the Site;
- Conduct fraudulent activities on the Site;
- Violate or attempt to violate the security of the Site, including, without limitation:
- Accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
- Trying to change the behavior of the Site;
- Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
- Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”;
- Commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- Corrupt data;
- Cause annoyance to other users;
- Infringe upon the rights of any other person’s proprietary rights;
- Forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the The Girls Do Everything website) or to the Site (impersonating another user);
- Send unsolicited or unauthorized email, on behalf of The Girls Do Everything, including promotions and/or advertising of products or services (paid and/or free);
- Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the functionality of the Site or any activity being conducted on the Site;
- Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- Harvest or collect personally identifiable information about other users of the Site; restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- Use the Site to advertise or offer to sell or buy any goods or services without The Girls Do Everything’s express prior written consent;
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
- Remove any copyright, trademark, or other proprietary rights (registered or otherwise) notice from the Site or materials originating from the Site’s Copyright Notice
Breaching this provision may constitute a criminal offense and The Masani Network will report any such breach to the relevant law enforcement authorities.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
The Girls Do Everything grants you permission to print individual pages from the website, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating or purchasing The Girls Do Everything’s services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:
- Use the materials for any commercial purpose or any public display (commercial or non-commercial);
- Remove any copyright, or other proprietary notations from the materials;
- Transfer the materials to another person or “mirror” the materials on any other server.
The Girls Do Everything makes no warranties or representations to you that your use of any materials displayed on the website will not infringe the rights of third parties.
“The Girls Do Everything,” “TGDE,” its other brand names and its logos are trademarks of The Masani Network, LLC. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without the prior written permission of The Masani Network, LLC. The use or misuse of any of these marks or other information is strictly prohibited.
The products on the website are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act, which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase. If, in spite of all the care taken by The Girls Do Everything, there are inaccuracies in the presentation on the website, The Girls Do Everything shall in no event incur any liability therefore. The Girls Do Everything does not warrant that item descriptions or other content of the website is accurate, complete, reliable, current, or error-free. If a product offered on the website is not as described, your sole remedy is to return it in unused condition for a refund. Photographs illustrating the items for sale are not included within the scope of the contract. They have solely an indicative value, given the alterations that may occur as a result of their uploading onto the site.
The Girls Do Everything strives to display as accurately as possible the colors of the products shown on the Site; however, The Girls Do Everything cannot and does not guarantee that your monitor’s display of any color will be accurate.
Limitation of Warranty and Damages
The information on the website is provided “as is” and without warranties of any kind, either expressed or implied, including all warranties of merchantability and fitness for a particular purpose. The Girls Do Everything makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this website. The Girls Do Everything makes no warranty that the website will be available, uninterrupted, error-free, or free of viruses or other harmful components. The Girls Do Everything further makes no warranty that you will achieve successful results from following any instructions or directions on the website.
The foregoing also applies to any information in any websites hyperlinked to this website. Such links are provided for your reference only. The Girls Do Everything does not control such third party sites and is not responsible for the content of or any products or services offered on those sites. The material could contain inaccuracies or be outdated.
In no event will The Girls Do Everything be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the website or use thereof, or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if The Girls Do Everything, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Return & Cancellation Policy
For all returns and cancellations, please see our TGDE Store Policy.
AVAILABILITY, ERRORS, AND INACCURACIES
If an item is out of stock, The Girls Do Everything may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if The Girls Do Everything, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
The Girls Do Everything’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. The Girls Do Everything makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. The Girls Do Everything reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
If you submit information to us or post information or materials to the website, excluding financial information, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, photographs, video or other media materials, concepts or other information (collectively, the “Submitted Information”), you are giving the Submitted Information to The Girls Do Everything free of charge, and the Submitted Information will be treated as non-confidential and non-proprietary and may be used by The Girls Do Everything for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by email, through a form on the website, on a public forum, or in any other manner. Submitted Information may be readily viewed by The Girls Do Everything and the general public.
You grant The Girls Do Everything a royalty-free, perpetual, irrevocable, and fully sub-licensable right to use such Submitted Information throughout the world in any media for any purpose. You further grant The Girls Do Everything and our sub-licensees the right to use the name that you submit with the Submitted Information. You waive any rights you may have in modifications or alterations to your Submitted Information. In addition, you hereby waive all moral rights you may have in the Submitted Information.
If you believe that any Submitted Information has been used on the website in a manner that violates an intellectual property right or other proprietary right, please contact us. You will not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law or seek to exploit or harm children. You are solely responsible for any material you submit to us. You represent and warrant that you own or otherwise have rights to use the Submitted Information; that the same is accurate; and that use of the Submitted Information will not cause injury to any person or entity. You will not submit any material which contains a virus or other harmful component, or otherwise tampers with, impairs or damages the The Girls Do Everything website or any connected network, or otherwise interferes with any person’s or entity’s use or enjoyment of the The Girls Do Everything website. You further agree to defend and indemnify The Girls Do Everything for any breach of this agreement.
The Girls Do Everything does not endorse opinions submitted to our public forums. In addition, the public forums are for noncommercial use. You agree not to use any public forum for commercial solicitations or advertising or to promote websites or entities that are competitive with The Girls Do Everything. While we may not review, monitor, filter or edit every message posted by our visitors, we reserve the right to edit or delete messages in our sole discretion.
Through your usage of the website, you may submit and/or The Girls Do Everything may gather and track your page views, how you came to visit the site, and length of time viewing pages. The Girls Do Everything is free to use such information for internal studies and analysis.
Registration and Online Store
Termination of This Agreement
The Girls Do Everything may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience. You may terminate this agreement at any time by destroying all materials received from the website and ceasing to use the website.
This agreement has been made in and shall be construed in accordance with the laws of the State of Massachusetts. By using this website, you agree to the sole and exclusive venue and jurisdiction of the state and federal courts of Middlesex County, Massachusetts for any and all disputes arising out of or related to this agreement or the use of this website.
United States Only
All materials on this website are provided solely for the purpose of promoting The Girls Do Everything’s operations, services and products in the United States, its territories, possessions and protectorates. The Girls Do Everything makes no representation that the materials on the website are appropriate or available for use in other locations. If, despite these conditions, you use the website from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists outside of our official affiliate program. You must not establish a link from any website that is not owned by you or expressly approved in the affiliate program. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless The Masani Network, its members, managers, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use the Website or your breach of the Terms.
We shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of the Website.
If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected by all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You can submit all complaints via our contact form or directly to email@example.com.
DISCLAIMER OF LIABILITY
IN NO EVENT WILL THE MASANI NETWORK, LLC OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION OR CONTENT ON THIS WEBSITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF THE MASANI NETWORK, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Website. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
Any questions may be directed to:
The Masani Network, LLC
216 Atlanta Rd
Suite F PMB 1001
Cumming, GA 30040
By Email: firstname.lastname@example.org