VERVEGIRL BBM COMMUNITY USER AGREEMENT
BY JOINING THE VERVEGIRL BBM COMMUNITY THROUGH YOUR BLACKBERRY DEVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT FOR ALL PAST, PRESENT AND FUTURE USES BY YOU for the Vervegirl BBM Community. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SERVICE. Vervegirl BBM Community RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BECOME FAMILIAR WITH SUCH CHANGES.
1.1 “Vervegirl BBM Community” means all of the services that the Vervegirl BBM Community offers on your BlackBerry ™ Smartphone device or online through vervegirl.com
1.2 “Member” means any person who opens and maintains an account/subscription with the Vervegirl BBM Community.
1.3 “Service” means any messages sent to and from your BBM device within the Vervegirl BBM Community including, but not limited to, promotions/contests/links/video and audio clips.
2. General Rules
2.1 You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the Vervegirl BBM Community.
2.2 The Vervegirl BBM Community will only knowingly provide the Service to those over the age of 13 years.
2.3 From time to time, as a Vervegirl BBM Community member, you will receive content, free product or a chance to win prizes. The Vervegirl BBM Community may modify the Service at any time with or without notice to you. Limit one request per Vervegirl BBM Community user while quantities are available. Prizes will vary and be outlined on our website. During a prize giveaway you will be sent a bcm of that particular prize and will have to respond to that bcm in order to be eligible to win. Winners are chosen randomly from all eligible responses. You must complete a contest waiver form that will be sent to your email by a Vervegirl staff member. You must allow 8-10 weeks for delivery of your prize.
2.4 If the Vervegirl BBM Community determines, in its sole and absolute discretion that you have breached a term or condition of this Agreement by uploading messages that otherwise do not meet the standards of the Vervegirl BBM Community, the Vervegirl BBM Community may cancel your account/subscription without any liability to you or any third party.
2.5 The Vervegirl BBM Community and its affiliates (www.vervegirl.com and Youthculture Inc.), as well as Youthculture clients and their affiliates, are not responsible for any undeliverable prizes/promotional material.
3. Opening an Account/subscription
3.1 To become a Member, you must subscribe to the Vervegirl BBM Community through your BlackBerry device by the instructions located on our website www.vervegirl.com. Only Members have the right to receive all the services of the Vervegirl BBM Community.
3.2 If you become a subscribed Member, you must provide the Vervegirl BBM Community with accurate and complete contact information.
3.4 In order to be eligible for contests, prizes and promotions, you must have a valid Canadian address. Post Office box numbers are excluded and do not qualify.
4. Your Conduct
4.1 Generally, you must use the Vervegirl BBM Community in a manner that demonstrates good taste and respect for the rights of the members and third parties.
4.2 You will not use the Vervegirl BBM Community to post content or to design, manufacture, promote, market or sell any other product that (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is generally offensive or in bad
4.3 You will not (i) use “spam,” “blast-faxes” or recorded telephone messages to market or sell Products, (ii) interfere with the Vervegirl BBM Community by using viruses or any other programs or technology designed to disrupt or damage any software or hardware, (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Vervegirl BBM Community, (iv) collect electronic mail addresses or other information from third parties by using the Vervegirl BBM Community, (v) impersonate another person or entity, (vi) engage in any activity that interferes with any third party’s ability to use or enjoy the Vervegirl BBM Community or (vii) assist any third party in engaging in any activity prohibited by this Agreement.
5. Terms of Upload.
You agree to follow the Vervegirl BBM Community rules that govern uploading.
6. Intellectual Property Rights
If you submit content to the Vervegirl BBM Community, you hereby grant the Vervegirl BBM Community an unrestricted usage of your content.
7. Representations and Warranties
You represent and warrant to the Vervegirl BBM Community that any content you submit to the Vervegirl BBM Community and any message you send will not infringe the copyright, trademark, patent, trade secret, rights of privacy and publicity or other legal right of any third party.
8. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
8.1 The Vervegirl BBM COMMUNITY PROVIDES THE Vervegirl BBM Community ON AN “AS IS” BASIS. The Vervegirl BBM Community DOES NOT REPRESENT OR WARRANT THAT THE Vervegirl BBM Community SERVICE OR ITS USE (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. The Vervegirl BBM Group MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8.2 The Vervegirl BBM Community WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST DATA) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Vervegirl BBM Community SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify and hold the Vervegirl BBM Community and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Indemnified Parties insofar as such Claim alleges facts or circumstances that would constitute a breach of any provision of this Agreement by you.
10. Third-Party Services.
11. Additional Terms.
The following agreements, rules and policies contain additional terms and conditions that govern your use of the Vervegirl BBM Community. The Vervegirl BBM Community reserves the right to make changes to such agreements, rules and policies at any time. Continued use of any part of the Vervegirl BBM Community Service constitutes your acceptance of such changes. Accordingly, you should review such agreements, rules and policies from time to time to become familiar with such changes. If the terms of any of the following conflict with the terms of this Agreement, the terms of this Agreement will govern and be given precedence.
12.1 In its sole and absolute discretion, with or without notice to you, the Vervegirl BBM Community may (i) suspend or terminate your use of the Vervegirl BBM Community, (ii) terminate your account/subscription, (iii) remove any of your Images, Websites or Sites from the Vervegirl BBM Community servers and (iv) prohibit you from new contest entries.
12.2 If you are a Member, you may terminate your account for any reason at any time by letting us know. We reserve the right to maintain and display all images uploaded by you in the past, even if you terminate your account.
12.3 This Agreement will survive indefinitely unless and until the Vervegirl BBM Community chooses to terminate it, regardless of whether any account/subscription you open is terminated by you or the Vervegirl BBM Community.