BlondeLA.com Terms of Service Agreement

May 29, 2006

Welcome to BlondeLA.com, an online community and store dedicated to fashion. The BlondeLA.com community is a social networking service that allows Members to create unique profiles online and connect with others who are in the fashion industry or are simply interested in fashion. The Services offered by BlondeLA.com include the BlondeLA.com website, the store, the community and any other features, content or applications offered from time to time by BlondeLA.com in connection with the BlondeLA.com Website (collectively, the “Services”).

This Terms of Services Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the BlondeLA.com Website) or you are a “Member” (which means that you have registered with BlondeLA.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the BlondeLA.com website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process.

This Agreement includes BlondeLA.com’s policy for acceptable use of the Services and Content posted on the BlondeLA.com website, your rights, obligations and restrictions regarding your use of the Services and BlondeLA.com’s Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by requesting the same at: privacy@blondela.com.

BlondeLA.com may modify this Agreement from time to time and such modification shall be effective upon posting by BlondeLA.com on the BlondeLA.com website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on BlondeLA.com and that you provide to other users. Your BlondeLA.com profile may not include the following terms: telephone numbers, street addresses, last names (unless you opt to do so), and any photographs containing nudity, or obscene, lewd excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other BlondeLA.com Members may contain inaccurate, in appropriate, offensive or sexually explicit material, products or services, and BlondeLA.com assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact BlondeLA.com or click on the “Report Inappropriate Content” link at the bottom of any BlondeLA.com community page.

BlondeLA.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility. You must be sixteen or over to register as a Member or to use the BlondeLA.com Website. Use of the BlondeLA.com Website and membership in the Services are void where prohibited. By agreeing to these terms or by using the BlondeLA.com Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Term. This Agreement will remain in full force and effect while you use the BlondeLA.com Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. We may terminate your membership for any reason, at any time. Even after membership is terminated, certain sections of this Agreement will remain in effect. See Survival section below for a list of the provisions of this Agreement that will survive the termination of your membership.

Other Agreements. Please note that, if you sign up for one or more features of the Service that are provided by third parties, such as YouTube, then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement.

Non Commercial Use by BlondeLA.com. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by BlondeLA or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the BlondeLA.com Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the BlondeLA.com Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your BlondeLA.com community profile or other content uploaded on the Website for the purpose of extracting such information or other content.

Proprietary Rights in Content.
Rights in Content Posted by BlondeLA or Other Members. We own and retain all proprietary rights in the BlondeLA.com Website and the Services. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of BlondeLA.com, our Members, and our licensors. Except for any information which is In the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.
Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to BlondeLA.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

Content Posted by You to the Service and the Website.
Profile Information. PLEASE NOTE: you should be aware that anyone who accesses the Website, whether or not they are a Member, will be allowed to view all of the information in your profile. In addition, the Service includes an option which allows Members to include their last names in their BlondeLA.com profiles. Your profile will be available to anyone. PLEASE CONSIDER CAREFULLY WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC.
Public Profile Information. Regardless of what personal information you choose to include in your BlondeLA.com profile certain information about every BlondeLA.com Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of the Member's regular BlondeLA.com profile, containing the information listed below, which will be available to any user of the BlondeLA.com Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each Member's public profile includes the following information about the Member:

Name (first, or first and last, depending on which option the Member chooses)
Gender
Age
Marital Status (or the Member's other response to this category of the BlondeLA.com profile)
Location
Hometown
The URL of the Member's BlondeLA.com profile

Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile, or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Member.

Member Identity. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

Member Responsibility for Content. You are solely responsible for the Content that you Post on the BlondeLA.com Website or the Service, or transmit to other Members.

Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the BlondeLA.com Website. Posting of any of this Content by you may, in our sole discretion, result in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the BlondeLA.com Website and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music or links to pirated music files, or (4) Content which otherwise violates the terms of Copyright Protection Policy below;
displays pornographic or sexually explicit material of any kind;
includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
solicits people you don't know to add you or accept you as a friend on the Service.
Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the BlondeLA.com Website or the Services. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Disclaimers and Limitations on Liability below for further limitations on our liability.

Further Restrictions on Your Use of the Website and the Service.
You must use the BlondeLA.com Website and the Services in a manner consistent with any and all applicable laws and regulations.
You may not include in your Member profile any telephone numbers, street addresses, or e-mail addresses.
Although BlondeLA.com cannot monitor the conduct of its Members off the BlondeLA.com Website, it is a violation of this Agreement to use any information obtained from the Services or the BlondeLA.com Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and BlondeLA.com. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.

Copyright Protection Policy. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. If you believe that your work has been copied and Posted on the Website in a way that constitutes copyright infringement, please send us an e-mail at CustomerService@blondela.com

Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.

Disclaimers.
we are not responsible for any incorrect or inaccurate Content Posted on the BlondeLA.com Website or in connection with the Services, whether caused by users of the Website, Members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or the Services.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE BLONDELA.COM WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the BlondeLA.com Website, any Member, or any other person related to or resulting from use of the BlondeLa.com Website, viewing, playing or downloading any materials on or from the BlondeLA.com Website, or otherwise in any way in connection with the Services. The BlondeLA.com Website and the Services are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the BlondeLA.com Website or the Services. No advice or information, whether oral or written, obtained by you from us, or from or through the BlondeLA.com Website or the Services shall create any warranty not expressly stated herein.

Limitations on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Services during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the BlondeLA.com Website or the Services, even if we have been advised of the possibility of such damages.

Disputes. If there is any dispute between you and us about or involving the BlondeLA.com Website or the Services, by using the BlondeLA.com Website or the Services, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in Los Angeles, California for the resolution of any such dispute.

Indemnity. You agree to indemnify and hold BlondeOnline, LLC doing business at BlondeLA.com, its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys. fees, arising out of or relating to: (a) your use of the BlondeLA.com Website or the Services (including the Posting by you of any Content on the BlondeLA.com Website) in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.

No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the BlondeLA.com Website.

Survival Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: (Term), (Proprietary Rights in Content), (Member Disputes), (Disclaimers), (Limitation on Liability), (Disputes), (Indemnity), (Survival), and (Other).

Other. You will be deemed to have accepted the terms of this Agreement upon use of the BlondeLA.com Website or by becoming a Member. This Agreement, together with our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website, which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the BlondeLA.com Website or the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us a CustomerService@blondela.com with any questions regarding this agreement.