This site is hosted by Yahoo! Store. Yahoo! hosts the store pages, ordering
system, and order data. Yahoo! automatically collects order information but
may only use this information in the aggregate. If you accessed this store
through Yahoo! Shopping, Yahoo! also automatically collects information
about your shopping experience. Please see the
Yahoo! Privacy Policy for more
information about how Yahoo! uses this information.
Online Privacy Policy Use of this site signifies your acceptance of the terms and conditions.
Forever Girl and its family of companies (“Forever Girl”) are committed to protecting your online privacy when visiting a website operated by us. We do not collect and keep any personal information online from you unless you volunteer it and you are 13 or older. We also do not collect and keep personal information online from children under the age of 13 without consent of a parent or legal guardian, except in limited circumstances authorized by law and described in this policy. Please review the information below to familiarize yourself with our policies on website privacy, so that you can take full advantage of all the fun activities available at our sites for you and your family. Please remember that this site and the servers that make this site available are located in the U.S. By using this site you agree to the transfer, collection, processing and use of data by this site.
A SPECIAL NOTE FOR PARENTS AND LEGAL GUARDIANS: Forever Girl adheres to the Children's Online Privacy Protection Act of 1998 and the guidelines of the Children's Advertising Review Unit (CARU) of the Council of Better Business Bureaus, Inc. in each of our websites for children. You can help by spending time online with your children and monitoring your children's online use. Please help us protect your child's privacy by instructing them never to provide personal information on this site or any other without your permission.
If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand. Children under 13 should get your parent's or legal guardian’s permission before giving out your e-mail address or any personal information to Forever Girl or to anyone else on the Internet.
1. Does Forever Girl Collect Any Personal Information About Me If I'm 13 Or Older? Forever Girl doesn't require anyone to share any personal information about themselves in order to enjoy any of our websites. That means you can visit our sites without any need to register with us. However, most of our sites contain special sections and privileges for members that register. We do not collect any personal information from you or your teenager unless it is voluntarily provided, for instance when signing a guest book, registering for contests, downloads, or free demos, completing our online customer surveys or purchasing products. The personal information we ask for is usually first and last name, mailing address, phone number and an e-mail address. See below for how we use this information. Remember, only people who are 18 or older may purchase products from our online stores.
2. What Ordering Information Does Forever Girl Collect In Our Online Stores? We may offer opportunities to purchase products in our online stores. Customers must be over the age of 18 with a valid credit card. When a customer places an order or requests a catalogue online, we collect information associated with the transaction, which will include the customer’s name, mailing address, products ordered, shipping address, and credit card information. We ask for this information so that we may fulfill the order or catalogue request. We use Secure Sockets Layer (SSL) technology to protect credit card data during transmission to our website, and adopt careful internal procedures to safeguard this information in our system.
Customers have the option of registering certain information for future orders while completing their online order. For the customers who choose to register, we will capture their login name, password, name and mailing address, alternate ship-to addresses, and credit card information. When registered customers return to the site to place subsequent orders, they can identify themselves with their login name and password. If a customer includes a child’s birth date and e-mail address, this information will only be used to help us provide products and services that meet customer needs.
When a customer places an order online, we will send a confirming e-mail message. We may also send an occasional e-mail featuring a special promotion or product that may be of interest to customers. Any customer who prefers not to receive an online order confirmation or promotional e-mail should indicate this preference on the online store order form. If you do receive an e-mail from us that you would rather not receive, simply follow the “unsubscribe” instructions included in the e-mail.
3. Does Forever Girl Collect Any Personal Information About Anyone Under 13? We do not collect personal information online from children under 13 without consent of a parent or legal guardian except in special, limited circumstances. If your child is under 13 and wants to use our sites with special activities, like scavenger hunts, personalized pages, games or clubs, we might ask your child to “register.” They can often do so anonymously by just providing a user name and password, but sometimes we need their first name and e-mail address. When we ask for your child's first name, your child is encouraged to use a "screen name" (not their real name) that only they know. Sometimes we will ask your child to make up a special password so that only they can see their customized areas on the site. With your verifiable consent, we may collect personal information from your child such as a last name, address or e-mail address when the information is necessary for a particular activity. If we need more than just your child's first name (or screen name) and e-mail address for your child to participate in a particular online activity, we will ask your child for your e-mail or mailing address so that we can notify you of your child's request and get your permission. When we ask for your permission, we will tell you what we will do with the information you or your child provides us, and we will tell you how you can review your child's information and ask us to delete the information. We don't keep your (or your child's) e-mail address unless you tell us it is okay.
Forever Girl might collect an e-mail address and first name (or screen name) from your child under 13 without your consent, but only in the following special cases:
If a child under 13 sends a request to us, we keep their e-mail address for long enough to respond to them. Forever Girl deletes this information from our system after we answer their question.
If a child under 13 signs up for an e-mail newsletter, or other activity that requires multiple online contact with the child, we also ask the child for a parent's or legal guardian’s e-mail address so we can notify you and give you an opportunity to opt out.
Occasionally, Forever Girl has special site activities or promotions like sweepstakes or contests that are open to children even if they are under 13. In these activities, we are not allowed to ask for more information from your child than what is necessary for your child to participate in the activity.
In the latter situation we require your child to give us your e-mail address, too, so that we can tell you that they have registered in a promotion or for a service. If we need more than an e-mail address and first name (or screen name) to enter your child in the promotion or offer the service, we will notify you, explain what information we need and why, and generally ask that you (not your child) provide it. For instance, we might ask you for your mailing address so that we can send to you, for your child, any prizes your child wins, or for your telephone number so that we can tell you when your child has won. Any information you or your child give us in the above special circumstances will be deleted from our database once the promotion, program or activity is concluded, and after any legally required period for keeping such information is complete. We do not require a child to disclose more information than is reasonably necessary to participate in a contest, game or other activity as a condition of participation. If you no longer wish your child to participate in an e-mail newsletter, simply click on the link that is provided for removal or contact us at info@forevergirl.net.
However, if you ask us to delete your child's information, we may have to ask your child not to participate in our activities.
4. What Does Forever Girl Do With The Information We Collect? We use the personal information we collect for the purposes indicated at the time you or your teenager or child (with your consent) provides such information. For instance, if you register in a contest, we will use the registration information to notify contest winners, or if you purchase a product, we will use the information to fulfill the order. Occasionally, and only with consent at the time we ask for information, we might also e-mail or mail you or your teenager or your child to provide information on upcoming Forever Girl products, website updates and promotions. With your consent, we may also share information with other Forever Girl brands and Forever Girl family companies so that they can let you and your family know about products that might be of interest. If you want to stop receiving such updates and product information at any time, just contact us at info@forevergirl.net . Our mailings and e-mail will also include information allowing you to ask not to receive such information in the future.
5. Does Forever Girl Share Information About Me With Others? If you consent, Forever Girl may provide your information to outside companies that offer products or services that may be of interest, and if your teenager 13 or older consents, we may likewise provide their information. Except as described in this policy, we never share personal information that we receive online from children under 13 with other companies outside Forever Girl. We will remove your name from the list we provide to outside companies if you contact us at info@forevergirl.net, and we will do the same for your teenager's name if they request removal. In special circumstances, Forever Girl may give other companies access to our information database, but only if necessary to allow them to provide database or server maintenance or security, help us process and fulfill orders or requests, or provide other similar services to Forever Girl. If we do provide access, we require those other companies to sign confidentiality agreements promising to keep secret any information they see. If Forever Girl believes that anyone's behavior on our sites may damage us or our sites or anyone else, we may disclose the relevant personal information in order to prevent this harm. In that case, we might try to identify the wrongdoer, contact them or bring legal action against them. We may also disclose personal information if we believe that the disclosure is required by law, or in response to a legal request.
6. How Does Forever Girl Use Cookies? A "cookie" is a small file that we save on your computer’s hard drive that contains non-personal information. Our cookies help to give you faster access to pages you have already visited; they allow you to personalize your pages and us to customize our offerings; and they help you to participate in some activities or events on the site. For instance, some of our sites have scavenger or treasure hunts, and we need to use cookies to keep track of your progress. If you leave the site and then return, cookies will tell us what things you have already collected so that you do not have to start all over again. Cookies keep track of items in your shopping cart and wish list in our online stores. We also use cookies to help us figure out how many people visit our sites, which of our Web pages they stop at and how long they stay there. This information helps us figure out which of our Web features are successes and what sites might need improvement.
7. Does Forever Girl Ever Collect Information Without Consent? Forever Girl does not collect information passively through cookies or other tracking mechanisms except in the circumstances described above. Cookies DON'T contain any personal information about a specific user. We don't use cookies or other non-consensual methods to take personally identifiable or online contact information about you or your family off of your computer. Except for certain activities like treasure hunts, which we talked about above, Forever Girl doesn't use cookies for direct marketing or promotional purposes. Cookies are also not used to collect information specifically about you or your family for sharing with third parties.
8. Do Forever Girl’s Third-Party Advertisers Use Cookies? In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique cookie on your browser.
And finally…
We want you and your family to have fun surfing all our sites and urge you and your family to follow common sense whenever disclosing personal information - on this site or anywhere on the Internet.
Thanks for reading our privacy policy. We hope you have a better understanding of the many activities offered on our websites and the ways in which we really are committed to safeguarding online privacy. Remember, we may change our policy from time to time. When this happens we will notify you of the new policy by posting it on our sites.
If you have any questions, please don't hesitate to contact us!
Forever Girl, LLC.
LegalTerms & Conditions © 2007Forever Girl, LLC. All Rights Reserved.
TERMS AND CONDITIONS OF WEBSITE USE This Website is provided by Forever Girl, Inc., and its affiliates and subsidiaries (collectively, "Forever Girl" and "we"). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). 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 Forever Girl grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Forever Girl 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 Forever Girl and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
2. Copyrights All Content is copyrighted, and it is either owned or used with permission by Forever Girl. Forever Girl disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Forever Girl.
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 one 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 or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
Forever Girl 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.
3. Trademarks The trademarks, logos, and service marks displayed on this Website are owned by Forever Girl and this Website's trade dress is owned by Forever Girl (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by Forever Girl 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 Forever Girl; Forever Girl Rights to Your Submissions Forever Girl likes to hear from you. However, in your communications with Forever Girl, please keep in mind that, unless it specifically requests them, Forever Girl does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to Forever Girl any unsolicited materials, 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 Forever Girl via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Forever Girl will not assume any responsibility, obligation, or liability for them or for Forever Girl's receipt or non-receipt of them. Forever Girl's receipt of Your Submissions is not an admission by Forever Girl of their novelty, priority, or originality, and it does not impair Forever Girl's right to contest existing or future intellectual property rights relating to Your Submissions.
You grant Forever Girl 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 Forever Girl 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. Online Shopping This Website and other Forever Girl websites may offer online capabilities to purchase products (such as toys) and services (such as memberships). You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.
No Purchases by Minors By ordering a product or service online from Forever Girl, 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 Forever Girl without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order. Taxes You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Forever Girl. Shipping and Processing; Insurance You are also responsible for paying all shipping and processing charges relating to your online purchases (including any product offered with a service), and for insuring your purchases. Returns and Warranties Please review the information available at our online stores regarding our return policies and warranty information. 6. 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.
7. Community Areas; Code of Conduct Forever Girl may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, Forever Girl 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 Forever Girl reserves the right to do so in its sole discretion. Forever Girl 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 Forever Girl 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).
Forever Girl 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. Forever Girl 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.
8. Investigations; Cooperation with Law Enforcement; Termination Forever Girl 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 terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
9. Privacy and Security Measures Forever Girl must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But Forever Girl respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Please click here to review our Privacy Policy.
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 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 Forever Girl. Nevertheless, we cannot guarantee complete security of personal information.
10. 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. FOREVER GIRL 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 FOREVER GIRL WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, FOREVER GIRL 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. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
11. 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 Forever Girl or cause confusion among consumers, (d) the links and related content on your site do not portray Forever Girl 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.
12. Links on this Website to and from Other Sites This Website may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Forever Girl. Forever Girl has no control over the content of Linked Sites, and Forever Girl does not assume any obligation to review any Linked Sites. Forever Girl does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Forever Girl disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Forever Girl disclaims all liability in connection therewith.
13. Banners, Advertisements, and Promotions We 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). Forever Girl disclaims all liability in connection with therewith.
14. Procedure for Alleging Copyright Infringement Forever Girl 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 is infringing is located on that site; (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. By E-Mail: info@forevergirl.net
Forever Girl may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Forever Girl may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
15. General Provisions
Indemnity You agree to indemnify, defend, and hold harmless Forever Girl (which includes Forever Girl's affiliates and subsidiaries) 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. Revisions to this Website and this User Agreement Forever Girl 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. Forever Girl 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. Operation of Website; Availability of Products and Services Forever Girl controls and operates this Website from its headquarters in Atlanta, GA in the United States of America, and Forever Girl 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 Forever Girl 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. 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 Forever Girl 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 Atlanta, GA, 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 Forever Girl 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 Atlanta, GA. Accordingly, you consent to the personal jurisdiction of the courts in Atlanta, GA 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 GA, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Forever Girl 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, Forever Girl's operations, and/or Forever Girl's products or services caused by your act or failure to act. Severability 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. © 2007 Forever Girl, LLC. All Rights Reserved.
Online Privacy Policy Use of this site signifies your acceptance of the terms and conditions.
Forever Girl and its family of companies (“Forever Girl”) are committed to protecting your online privacy when visiting a website operated by us. We do not collect and keep any personal information online from you unless you volunteer it and you are 13 or older. We also do not collect and keep personal information online from children under the age of 13 without consent of a parent or legal guardian, except in limited circumstances authorized by law and described in this policy. Please review the information below to familiarize yourself with our policies on website privacy, so that you can take full advantage of all the fun activities available at our sites for you and your family. Please remember that this site and the servers that make this site available are located in the U.S. By using this site you agree to the transfer, collection, processing and use of data by this site.
A SPECIAL NOTE FOR PARENTS AND LEGAL GUARDIANS: Forever Girl adheres to the Children's Online Privacy Protection Act of 1998 and the guidelines of the Children's Advertising Review Unit (CARU) of the Council of Better Business Bureaus, Inc. in each of our websites for children. You can help by spending time online with your children and monitoring your children's online use. Please help us protect your child's privacy by instructing them never to provide personal information on this site or any other without your permission.
If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand. Children under 13 should get your parent's or legal guardian’s permission before giving out your e-mail address or any personal information to Forever Girl or to anyone else on the Internet.
1. Does Forever Girl Collect Any Personal Information About Me If I'm 13 Or Older? Forever Girl doesn't require anyone to share any personal information about themselves in order to enjoy any of our websites. That means you can visit our sites without any need to register with us. However, most of our sites contain special sections and privileges for members that register. We do not collect any personal information from you or your teenager unless it is voluntarily provided, for instance when signing a guest book, registering for contests, downloads, or free demos, completing our online customer surveys or purchasing products. The personal information we ask for is usually first and last name, mailing address, phone number and an e-mail address. See below for how we use this information. Remember, only people who are 18 or older may purchase products from our online stores.
2. What Ordering Information Does Forever Girl Collect In Our Online Stores? We may offer opportunities to purchase products in our online stores. Customers must be over the age of 18 with a valid credit card. When a customer places an order or requests a catalogue online, we collect information associated with the transaction, which will include the customer’s name, mailing address, products ordered, shipping address, and credit card information. We ask for this information so that we may fulfill the order or catalogue request. We use Secure Sockets Layer (SSL) technology to protect credit card data during transmission to our website, and adopt careful internal procedures to safeguard this information in our system.
Customers have the option of registering certain information for future orders while completing their online order. For the customers who choose to register, we will capture their login name, password, name and mailing address, alternate ship-to addresses, and credit card information. When registered customers return to the site to place subsequent orders, they can identify themselves with their login name and password. If a customer includes a child’s birth date and e-mail address, this information will only be used to help us provide products and services that meet customer needs.
When a customer places an order online, we will send a confirming e-mail message. We may also send an occasional e-mail featuring a special promotion or product that may be of interest to customers. Any customer who prefers not to receive an online order confirmation or promotional e-mail should indicate this preference on the online store order form. If you do receive an e-mail from us that you would rather not receive, simply follow the “unsubscribe” instructions included in the e-mail.
3. Does Forever Girl Collect Any Personal Information About Anyone Under 13? We do not collect personal information online from children under 13 without consent of a parent or legal guardian except in special, limited circumstances. If your child is under 13 and wants to use our sites with special activities, like scavenger hunts, personalized pages, games or clubs, we might ask your child to “register.” They can often do so anonymously by just providing a user name and password, but sometimes we need their first name and e-mail address. When we ask for your child's first name, your child is encouraged to use a "screen name" (not their real name) that only they know. Sometimes we will ask your child to make up a special password so that only they can see their customized areas on the site. With your verifiable consent, we may collect personal information from your child such as a last name, address or e-mail address when the information is necessary for a particular activity. If we need more than just your child's first name (or screen name) and e-mail address for your child to participate in a particular online activity, we will ask your child for your e-mail or mailing address so that we can notify you of your child's request and get your permission. When we ask for your permission, we will tell you what we will do with the information you or your child provides us, and we will tell you how you can review your child's information and ask us to delete the information. We don't keep your (or your child's) e-mail address unless you tell us it is okay.
Forever Girl might collect an e-mail address and first name (or screen name) from your child under 13 without your consent, but only in the following special cases:
If a child under 13 sends a request to us, we keep their e-mail address for long enough to respond to them. Forever Girl deletes this information from our system after we answer their question.
If a child under 13 signs up for an e-mail newsletter, or other activity that requires multiple online contact with the child, we also ask the child for a parent's or legal guardian’s e-mail address so we can notify you and give you an opportunity to opt out.
Occasionally, Forever Girl has special site activities or promotions like sweepstakes or contests that are open to children even if they are under 13. In these activities, we are not allowed to ask for more information from your child than what is necessary for your child to participate in the activity.
In the latter situation we require your child to give us your e-mail address, too, so that we can tell you that they have registered in a promotion or for a service. If we need more than an e-mail address and first name (or screen name) to enter your child in the promotion or offer the service, we will notify you, explain what information we need and why, and generally ask that you (not your child) provide it. For instance, we might ask you for your mailing address so that we can send to you, for your child, any prizes your child wins, or for your telephone number so that we can tell you when your child has won. Any information you or your child give us in the above special circumstances will be deleted from our database once the promotion, program or activity is concluded, and after any legally required period for keeping such information is complete. We do not require a child to disclose more information than is reasonably necessary to participate in a contest, game or other activity as a condition of participation. If you no longer wish your child to participate in an e-mail newsletter, simply click on the link that is provided for removal or contact us at info@forevergirl.net.
However, if you ask us to delete your child's information, we may have to ask your child not to participate in our activities.
4. What Does Forever Girl Do With The Information We Collect? We use the personal information we collect for the purposes indicated at the time you or your teenager or child (with your consent) provides such information. For instance, if you register in a contest, we will use the registration information to notify contest winners, or if you purchase a product, we will use the information to fulfill the order. Occasionally, and only with consent at the time we ask for information, we might also e-mail or mail you or your teenager or your child to provide information on upcoming Forever Girl products, website updates and promotions. With your consent, we may also share information with other Forever Girl brands and Forever Girl family companies so that they can let you and your family know about products that might be of interest. If you want to stop receiving such updates and product information at any time, just contact us at info@forevergirl.net . Our mailings and e-mail will also include information allowing you to ask not to receive such information in the future.
5. Does Forever Girl Share Information About Me With Others? If you consent, Forever Girl may provide your information to outside companies that offer products or services that may be of interest, and if your teenager 13 or older consents, we may likewise provide their information. Except as described in this policy, we never share personal information that we receive online from children under 13 with other companies outside Forever Girl. We will remove your name from the list we provide to outside companies if you contact us at info@forevergirl.net, and we will do the same for your teenager's name if they request removal. In special circumstances, Forever Girl may give other companies access to our information database, but only if necessary to allow them to provide database or server maintenance or security, help us process and fulfill orders or requests, or provide other similar services to Forever Girl. If we do provide access, we require those other companies to sign confidentiality agreements promising to keep secret any information they see. If Forever Girl believes that anyone's behavior on our sites may damage us or our sites or anyone else, we may disclose the relevant personal information in order to prevent this harm. In that case, we might try to identify the wrongdoer, contact them or bring legal action against them. We may also disclose personal information if we believe that the disclosure is required by law, or in response to a legal request.
6. How Does Forever Girl Use Cookies? A "cookie" is a small file that we save on your computer’s hard drive that contains non-personal information. Our cookies help to give you faster access to pages you have already visited; they allow you to personalize your pages and us to customize our offerings; and they help you to participate in some activities or events on the site. For instance, some of our sites have scavenger or treasure hunts, and we need to use cookies to keep track of your progress. If you leave the site and then return, cookies will tell us what things you have already collected so that you do not have to start all over again. Cookies keep track of items in your shopping cart and wish list in our online stores. We also use cookies to help us figure out how many people visit our sites, which of our Web pages they stop at and how long they stay there. This information helps us figure out which of our Web features are successes and what sites might need improvement.
7. Does Forever Girl Ever Collect Information Without Consent? Forever Girl does not collect information passively through cookies or other tracking mechanisms except in the circumstances described above. Cookies DON'T contain any personal information about a specific user. We don't use cookies or other non-consensual methods to take personally identifiable or online contact information about you or your family off of your computer. Except for certain activities like treasure hunts, which we talked about above, Forever Girl doesn't use cookies for direct marketing or promotional purposes. Cookies are also not used to collect information specifically about you or your family for sharing with third parties.
8. Do Forever Girl’s Third-Party Advertisers Use Cookies? In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique cookie on your browser.
And finally…
We want you and your family to have fun surfing all our sites and urge you and your family to follow common sense whenever disclosing personal information - on this site or anywhere on the Internet.
Thanks for reading our privacy policy. We hope you have a better understanding of the many activities offered on our websites and the ways in which we really are committed to safeguarding online privacy. Remember, we may change our policy from time to time. When this happens we will notify you of the new policy by posting it on our sites.
If you have any questions, please don't hesitate to contact us!
Forever Girl, LLC.
LegalTerms & Conditions © 2007Forever Girl, LLC. All Rights Reserved.
TERMS AND CONDITIONS OF WEBSITE USE This Website is provided by Forever Girl, Inc., and its affiliates and subsidiaries (collectively, "Forever Girl" and "we"). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). 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 Forever Girl grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Forever Girl 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 Forever Girl and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
2. Copyrights All Content is copyrighted, and it is either owned or used with permission by Forever Girl. Forever Girl disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Forever Girl.
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 one 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 or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
Forever Girl 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.
3. Trademarks The trademarks, logos, and service marks displayed on this Website are owned by Forever Girl and this Website's trade dress is owned by Forever Girl (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by Forever Girl 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 Forever Girl; Forever Girl Rights to Your Submissions Forever Girl likes to hear from you. However, in your communications with Forever Girl, please keep in mind that, unless it specifically requests them, Forever Girl does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to Forever Girl any unsolicited materials, 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 Forever Girl via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Forever Girl will not assume any responsibility, obligation, or liability for them or for Forever Girl's receipt or non-receipt of them. Forever Girl's receipt of Your Submissions is not an admission by Forever Girl of their novelty, priority, or originality, and it does not impair Forever Girl's right to contest existing or future intellectual property rights relating to Your Submissions.
You grant Forever Girl 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 Forever Girl 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. Online Shopping This Website and other Forever Girl websites may offer online capabilities to purchase products (such as toys) and services (such as memberships). You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.
No Purchases by Minors By ordering a product or service online from Forever Girl, 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 Forever Girl without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order. Taxes You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Forever Girl. Shipping and Processing; Insurance You are also responsible for paying all shipping and processing charges relating to your online purchases (including any product offered with a service), and for insuring your purchases. Returns and Warranties Please review the information available at our online stores regarding our return policies and warranty information. 6. 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.
7. Community Areas; Code of Conduct Forever Girl may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, Forever Girl 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 Forever Girl reserves the right to do so in its sole discretion. Forever Girl 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 Forever Girl 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).
Forever Girl 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. Forever Girl 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.
8. Investigations; Cooperation with Law Enforcement; Termination Forever Girl 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 terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
9. Privacy and Security Measures Forever Girl must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But Forever Girl respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Please click here to review our Privacy Policy.
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 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 Forever Girl. Nevertheless, we cannot guarantee complete security of personal information.
10. 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. FOREVER GIRL 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 FOREVER GIRL WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, FOREVER GIRL 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. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
11. 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 Forever Girl or cause confusion among consumers, (d) the links and related content on your site do not portray Forever Girl 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.
12. Links on this Website to and from Other Sites This Website may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Forever Girl. Forever Girl has no control over the content of Linked Sites, and Forever Girl does not assume any obligation to review any Linked Sites. Forever Girl does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Forever Girl disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Forever Girl disclaims all liability in connection therewith.
13. Banners, Advertisements, and Promotions We 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). Forever Girl disclaims all liability in connection with therewith.
14. Procedure for Alleging Copyright Infringement Forever Girl 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 is infringing is located on that site; (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. By E-Mail: info@forevergirl.net
Forever Girl may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Forever Girl may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
15. General Provisions
Indemnity You agree to indemnify, defend, and hold harmless Forever Girl (which includes Forever Girl's affiliates and subsidiaries) 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. Revisions to this Website and this User Agreement Forever Girl 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. Forever Girl 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. Operation of Website; Availability of Products and Services Forever Girl controls and operates this Website from its headquarters in Atlanta, GA in the United States of America, and Forever Girl 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 Forever Girl 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. 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 Forever Girl 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 Atlanta, GA, 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 Forever Girl 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 Atlanta, GA. Accordingly, you consent to the personal jurisdiction of the courts in Atlanta, GA 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 GA, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Forever Girl 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, Forever Girl's operations, and/or Forever Girl's products or services caused by your act or failure to act. Severability 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. © 2007 Forever Girl, LLC. All Rights Reserved.
