Terms of Use

Here are our Terms of Use Conditions...
Date of Last Update of this Agreement: March 7, 2007

Welcome to Vervegirl™, an online social network that connects you with your friends and allows you to create rooms where you can share thoughts, experiences and media. The Vervegirl™ service and network ("Vervegirl™" or the "Service") are operated by Youth Culture Inc. and its corporate affiliates (collectively "Youth Culture Inc.").

Please read this Agreement carefully. It governs your use of Vervegirl™ Website located at www.vervegirl.com. This agreement limits or exempts Youth Culture Inc., its service providers ("Providers") and other persons from liability and contains other important provisions that you should read.

IF YOU ARE A PERSON UNDER THE AGE OF 13, WE ASK THAT YOU PLEASE DO NOT USE OUR WEBSITE.

BY ACCESSING AND BROWSING THE www.vervegirl.com WEBSITE OR ANY MOBILE VERSION THEREOF (TOGETHER, THE "WEBSITE"), USING THE SERVICE, OR BY POSTING A SHARE BUTTON ON YOUR WEBSITE, AND WHETHER OR NOT YOU (the "User" or "Member") REGISTER AS A MEMBER, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE (THE "AGREEMENT").

IF YOU DO NOT AGREE WITH EACH PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE WEBSITE, AND/OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE.

Each time you use the Website, the text of this Agreement, as it then reads, will govern your use. Accordingly, when you use the Website you should check the date of the Agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference.

If you wish to become a Member, communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and use of the Service and may be modified by Youth Culture Inc. from time to time. Any modifications shall be effective once posted by Youth Culture Inc. on the Website. You may also receive a copy of this Agreement by emailing us at: help[at]youthculture.com, Subject: "Terms of Use Agreement".

In addition, when using particular functionalities and features that are part of the Service, you may be subject to additional guidelines, terms, or rules applicable to such functionalities and features ("Additional Terms"), which may be posted from time to time. All such Additional Terms of Youth Culture Inc. and the Youth Culture Inc. Privacy Policy (here) are hereby incorporated by reference into this Agreement.

If such additional functionalities and features are provided to us by any of our partners (such as, but not limited to, media players for content provided by our licensors) the Additional Terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.

This agreement contains the following provisions:
  1. Eligibility and Your Acceptance of this Agreement
  2. Changes to this Agreement
  3. Account Requirements
  4. Usernames, Passwords and Member Profiles
  5. Termination of this Agreement and the Web Site
  6. No Advice or Solicitation
  7. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
  8. User Conduct, Linking and Framing
  9. User Content Posted on the Website
  10. Ownership and Proprietary Rights in the Service
  11. Posting of Copyrighted Materials and Trademarks
  12. Personal Information Privacy
  13. Other Sites
  14. Member Disputes
  15. Third Party Content
  16. Canadian Export Controls
  17. Governing Law and Dispute Resolution
  18. Electronic Communications
  19. Other Matters

1. ELIGIBILITY AND YOUR ACCEPTANCE OF THIS AGREEMENT. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE THIRTEEN (13) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SERVICE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD.

The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.

This is an Agreement between you and Youth Culture Inc. which governs your use of the Website and its content, as well as the Services provided through the Website. Each time you visit, browse, purchase, access, use the Service or otherwise use this Website, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by this Agreement, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you are merely surfing or browsing through the Website and have not yet registered to become a Member, your use of the Website is still subject to this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Website or the Service.

2. CHANGES TO THIS AGREEMENT. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Service or the Website after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by these or any future Agreement do not use or access (or continue to use or access) the Service or the Website. It is your responsibility to regularly check the Website to determine if there have been changes to this Agreement and to review such changes. Accordingly, when you use the Website you should check the date of this Agreement and review any changes since the last time you visited.

3. ACCOUNT REQUIREMENTS. In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Youth Culture Inc., to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

4. PASSWORDS AND MEMBER PROFILE. When you sign up to become a Member, you will also be asked to choose a username and a password for your Vervegirl™ profile. The use of a password does not restrict access by Youth Culture Inc. or its Providers to the password-protected information.

Usernames and passwords may not be shared. For security reasons, you must keep your username and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Youth Culture Inc. representative. You are entirely responsible for maintaining the confidentiality of your password.

You agree not to use the Vervegirl™ profile, username, or password of another Member at any time. You agree to notify us immediately at report[at]youthculture.com if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.

All login names and passwords remain the property of Youth Culture Inc., and may be cancelled or suspended at any time by Youth Culture Inc. without any notice or liability to you or any other person. Youth Culture Inc. is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must respond promptly to all email and other correspondence from Youth Culture Inc., including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Website.

THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.

5. TERMINATION OF THIS AGREEMENT AND THE WEBSITE. This Agreement will remain in full force and effect while you use the Service and/or are a Member and anytime you on are visiting or surfing our Website. You may terminate your membership at any time, for any reason by following the instructions on the "Help" pages, or upon receipt by Youth Culture Inc. of your written or email notice of termination unsubscribe[at]youthculture.com.

If you breach any provision of this Agreement, you may no longer use the Website.

Youth Culture Inc. may, at any time and for any reason, in its sole discretion, with or without cause, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

Youth Culture Inc. may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website and your login name and password, all without any notice or liability to you or any other person. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.

If this Agreement or your permission to use the Website is terminated by you or us for any reason, you will not be entitled to a refund of any unused subscription fees, if any, and this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and your engagement of the Service through the Website and anything connected with, relating to or arising from those matters.

Should you object to the terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Website in any way, your sole and exclusive remedy is to discontinue using the Website.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

6. NO ADVICE OR SOLICITATION

THE CONTENT OF THE WEBSITE DOES NOT CONSTITUTE ADVICE OR RECOMMENDATIONS. YOU SHOULD SEEK THIRD PARTY PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.

7. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

Youth Culture Inc. strives to make your use of the Website a useful experience. Nevertheless, Youth Culture Inc. and its Providers do not accept any liability for your use of the Website. For that reason, the following provisions apply to your use of the Website:

DISCLAIMER

THE WEBSITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND AS AVAILABLE AND YOUTH CULTURE INC. EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. YOUTH CULTURE INC. DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE; (B) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. YOUTH CULTURE INC. DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.

Without limiting the generality of the foregoing, Youth Culture Inc. and its providers make no representation, warranty or condition that:

And Youth Culture Inc. and its providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

Youth Culture Inc. is not responsible or liable in any manner for any User Content or Third Party Content posted on the Website or in connection with the Service, whether posted or caused by Users of the Website or by any of the equipment or programming associated with or utilized in the Website or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Third Party Content. Youth Culture Inc. is not responsible for the conduct, whether online or offline, of any User of the Website or Service.

The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes 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 communications. Youth Culture Inc. is 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 email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Youth Culture Inc. be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Website or the Service, any User Content or Third Party Content posted on or through the Website or the Service or transmitted to Users, or any interactions between Users of the Website, whether online or offline.

You (and not Youth Culture Inc. or its Providers) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the Website.

The operation of the Website may be affected by numerous factors beyond Youth Culture Inc.'s control. The operation of the Website may not be continuous or uninterrupted or secure. Security and privacy and confidentiality risks cannot be eliminated.

Youth Culture Inc. is under no obligation to verify the identity of users of the Website. However, you promise not to share use of your login name or password nor to allow anyone to use the Website posing as you.

LIMITATION OF LIABILITY

NEITHER YOUTH CULTURE INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YOUTH CULTURE INC. HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION TO THE FOREGOING, YOUTH CULTURE INC.'S LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE RELATIONSHIP OF THE PARTIES, OR THE PROVISION OR NON-PROVISION OF GOODS OR SERVICES, (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL IN NO EVENT EXCEED THE LESSER OF (I) FIFTY CANADIAN DOLLARS (CDN$50) OR (II) ANY AMOUNT PAID BY YOU TO YOUTH CULTURE INC. FOR THE SERVICE.

YOUTH CULTURE INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE.

ALTHOUGH YOUTH CULTURE INC. MAY FROM TIME TO TIME MONITOR OR REVIEW DISCUSSIONS, CHATS, POSTINGS, TRANSMISSIONS, BULLETIN BOARDS, AND THE LIKE ON THE WEBSITE YOUTH CULTURE INC. IS UNDER NO OBLIGATION TO DO SO AND ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF ANY SUCH LOCATIONS NOR FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED IN ANY INFORMATION WITHIN SUCH LOCATIONS ON THE WEBSITE.

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF YOUTH CULTURE INC. AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE, INCLUDING FROM ANY LIABILITY RELATING TO (A) ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE, WHETHER CAUSED BY ANY USER OF THE SERVICE OR MEMBER, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE; (B) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE OR MEMBER; (C) ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR CONTENT PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USER'S AND/OR MEMBER'S OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE; (D) ANY LOSS OR DAMAGE CAUSED BY CONTENT POSTED ON THE SERVICE OR TRANSMITTED BY AND TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE AND/OR MEMBERS, WHETHER ONLINE OR OFFLINE; AND (E) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, WEBSITE USER OR MEMBER COMMUNICATIONS.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD EACH OF YOUTH CULTURE INC. AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEBSITE, THE USE OF THE WEBSITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY YOUTH CULTURE INC. AND THE PROVIDERS FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE SERVICES OBTAINED FROM OR THROUGH THE WEBSITE.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.

8. USER CONDUCT, LINKING AND FRAMING. The Service is for the personal use of individual Members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to Youth Culture Inc. or otherwise. Organizations, companies, and/or businesses may not become Members of Youth Culture Inc. and should not use the Youth Culture Inc. Service for any purpose. Illegal and/or unauthorized uses of the Service, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken. Links to the Website without the express written permission of Youth Culture Inc. are strictly prohibited. Youth Culture Inc. reserves the rights to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Website or any of its content in any form and by any method is strictly prohibited.

You understand that, except for advertising programs offered by us on the Website, that the Service and the Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Website or for any other purpose. You further agree that you may not use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.

In addition, you agree not to use the Service or the Website to:

You must use 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, URLs or email addresses. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members or other parties. Although Youth Culture Inc. cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Youth Culture Inc. reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any twenty-four (24) hour period to a number which Youth Culture Inc. deems appropriate in its sole discretion.

If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to Youth Culture Inc.

Prohibited activity includes, but is not limited to:

9. USER CONTENT POSTED ON THE WEBSITE. Any content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission. You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, files, images, sounds, musical works, works of authorship, or any other materials and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Website, or transmit to or share with other Users (collectively the "User Content"). You understand and agree that Youth Culture Inc. may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Youth Culture Inc. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire.

Youth Culture Inc. does not claim any ownership rights in the User Content that Users post to Vervegirl™. After posting User Content to Vervegirl™, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose.

The license you grant to Youth Culture Inc. is non-exclusive (meaning you are free to license your Content to anyone else in addition to Youth Culture Inc.), fully-paid and royalty-free (meaning that Youth Culture Inc. is not required to pay you for the use on Vervegirl™ of content that you post), sublicensable (so that Youth Culture Inc. is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Vervegirl™ Service), and worldwide (because the Internet and the Service is global in reach). This license will terminate at the time you remove your User Content from Vervegirl™. The license does not grant Youth Culture Inc. the right to sell your User Content, nor does the license grant Youth Culture Inc. the right to distribute your User Content outside of the Service.

You further represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Service.

You understand and agree that Youth Culture Inc. may (but is not obligated to) review any User Content that is posted on the Website and delete or refuse to take online any such User Content, including, without limitation, any User Content that in the sole judgment of Youth Culture Inc. violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the User Content that you post on the Services, or transmit to other Members or third parties. By posting User Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Youth Culture Inc. an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the User Content and you will not post any illegal or prohibited User Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of User Content that is illegal or prohibited on the Website ("Prohibited Content"). Youth Culture Inc. reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.

Prohibited Content includes Content that:
  1. 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;
  2. harasses or advocates harassment of another person;
  3. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
  4. promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
  5. promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;
  6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  7. displays pornographic or sexually explicit material of any kind and in any form;
  8. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  9. provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  10. solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;
  11. constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to Canadian embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
  12. otherwise violates the terms of this Agreement or creates liability for Youth Culture Inc.

10. PROPRIETARY RIGHTS IN THE SERVICE. The Website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Website are the property of Youth Culture Inc., its Providers and others, and are protected by Canadian and international copyright, trade-mark and other laws. Your use of the Website does not transfer to you or any other person any ownership or other rights in the Website or its content. You may only use the Website in the manner described specifically in this Agreement.

Youth Culture Inc. owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of Youth Culture Inc., and its licensors, including other Vervegirl™ Members. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content and material included therein.

You should assume that everything you see or read on the Website is copyrighted unless otherwise noted, and may not be used except as provided in this Agreement without the prior written permission of Youth Culture Inc.. Youth Culture Inc. neither warrants or represents that your use of materials displayed on the Website will not infringe the rights of third parties who are not owned or affiliated with Youth Culture Inc.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website are registered and unregistered Trademarks of Youth Culture Inc. and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Youth Culture Inc. or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Youth Culture Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The Website may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Youth Culture Inc.. You may not use any of the software that is used in the operation of the Website except in the course of using the Website. You may not reproduce, copy, duplicate, sell, or resell any part of the Website (including the software used in the operation of the Website) or access to the Website.

The Website is made available to you for your lawful use only. You may access and browse the Website using commercially available, SSL-capable Web browser software. You may print or download the pages of the Website for your personal use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

11. POSTING OF COPYRIGHTED MATERIALS AND TRADEMARKS. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Youth Culture Inc.'s Copyright Agent for notice of claims of copyright infringement can be reached by writing the following:

Youth Culture Inc.
Attn: Copyright Agent
401 Richmond Street West – Unit 245
Toronto, ON
M5V 1X3
Canada
copyrightagent[at]youthculture.com

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Youth Culture Inc. has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Youth Culture Inc. may also at its sole discretion limit access to the Website and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. PERSONAL INFORMATION PRIVACY

Any personally identifiable information is governed by the Youth Culture Inc. Privacy Policy (www.vervegirl.com/privacy.php).The terms and conditions contained in Youth Culture Inc.'s privacy policy are incorporated in this Agreement. As such, we request that you read Youth Culture Inc.'s Privacy Policy before you provide us any information and before you continue to use our Website.

13. OTHER SITES.

The Website may include links to other Websites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Youth Culture Inc., and Youth Culture Inc. has no responsibility or liability for or control over Other Sites, their businesses, goods, services, or content. Links to Other Sites are provided solely for your convenience. Youth Culture Inc. does not sponsor or endorse any Other Sites or their content or the services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Youth Culture Inc. arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Youth Culture Inc., the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

14. MEMBER DISPUTES. Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that Youth Culture Inc. will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), Youth Culture Inc. is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.

15. THIRD PARTY CONTENT. Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, (a) you agree that we are not responsible for any such content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Members, advertisers, and other third parties.

16. CANADIAN EXPORT CONTROLS. Any software provided by Youth Culture Inc. through the Services (the "Software") is further subject to Canadian export controls. No Software may be downloaded from the Services or otherwise exported or re-exported into (or to a national or resident of) any Country to which Canada has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement, your use of the Website, and all related matter shall be governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between Youth Culture Inc. and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and the federal courts located in the Province of Ontario, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand Canadian Dollars (CDN$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Youth Culture Inc. may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

18. ELECTRONIC COMMUNICATIONS. The communications between you and Youth Culture Inc. use electronic means, whether you visit the Website or send us emails, or whether Youth Culture Inc. posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Youth Culture Inc. in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Youth Culture Inc. provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.

19. OTHER MATTERS.

This Agreement contains the entire agreement between you and Youth Culture Inc. regarding the use of the Services.

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement.

The failure of Youth Culture Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

The provisions of this Agreement will enure to the benefit of and be binding upon each of Youth Culture Inc. and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Youth Culture Inc., which may be withheld in Youth Culture Inc.'s sole discretion. Youth Culture Inc. may assign this Agreement and its rights and obligations under this Agreement without your consent.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and Youth Culture Inc. are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Website.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

Any rights not expressly granted by this Agreement are reserved to Youth Culture Inc.

This Agreement is subject to change without notice. Please contact us with any questions regarding this Agreement.

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