Last Updated 3 Sept 2018
1. GENERAL CONDITIONS
That Girl does not monitor all activity on its websites, but reserves the right to do so. Users agree to use our websites only for lawful purposes. Users may not use our websites to post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material, or to engage in any other activity that: (i) infringes, misappropriates or violates patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, rights of publicity, or privacy rights held by That Girl or a third party; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, disparaging, abusive, insulting, immoral, intimidating, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
2. CONTENT OWNERSHIP AND PERMISSIONS
The content on our websites (“Protected Content”) is protected by copyright, trademark, and other laws of the United States and foreign countries. That Girl own all rights, title, and interest in and to all Protected Content, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Protected Content. No licenses or rights are granted to you by implication or otherwise in or to any intellectual property rights owned or controlled by us.
Users are prohibited from violating or attempting to violate the security measures on our websites, including, without limitation:
- Impersonating or misrepresenting your affiliation with any person or entity, including, without limitation, by using a false password or one belonging to another user, accessing data not intended for you, or logging into a server or account that you are not authorized to access;
- Disclosing a password, permitting a third party to use a password, or failing to notify us if a password is compromised;
- Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”;
- Transmitting any worms, viruses, or any code of a destructive nature;
- Transmitting any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our website and services, or forging any part of the header information in any email communications;
- Hijacking, deleting, or changing all or any part of the Protected Content; or
- Collecting or tracking the personal information of other users.
That Girl has absolute discretion to determine if any use violates these Terms, and to act as it deems appropriate in the event of any violation. We may investigate potential violations of these Terms and may involve, cooperate with, and make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular internet address.
5. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our websites. These products or services are offered in limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products offered on our websites. We cannot guarantee that the display on your computer or device will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions and prices for our products and services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service, or to refuse any order you place with us, at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through our websites will meet your expectations, or that any errors will be corrected.
6. PAYMENTS AND ACCOUNT INFORMATION
When you make a purchase on our websites, you agree to pay, and authorize our third-party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in US Dollars and are non-refundable except as required by law (or as specified in our Return Policy). We are not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution.
You are responsible for providing current, complete, and accurate billing and contact information to us. We reserve the right to limit or refuse orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. LOGIN AND REGISTRATION
Certain programs, offers, features or services offered through the websites allow you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify That Girl immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by That Girl or any other site user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission.
That Girl shall not be liable for any loss or damage arising from your failure to comply with these obligations.
8. THIRD-PARTY LINKS AND TOOLS
9. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
10. PROGRAMS AND PROMOTIONS
11. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
That Girl owns, protects, and enforces copyright in its own creative materials and respects the intellectual property of others. Our websites contain materials of third-parties and links to third-party sites. As a result, materials of third parties not owned or controlled by That Girl are included in or linked to our websites or are stored or transmitted by or over our websites. To the best of our knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (as described in the next paragraph), That Girl will respond expeditiously by removing or disabling access to materials claimed to be infringing. We may also, in appropriate circumstances, terminate relationships with third parties who repeatedly infringe the copyrights of others in connection with our websites.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide That Girl’s Agent for Notice listed below with the following information in a written notice:
(1) An identification of the copyrighted work (or a list of copyrighted works) that you claim has been infringed upon;
(2) A description of the material that is claimed to be infringing and a description of where the material is located on our websites (please provide a URL if possible);
(3) Your address, telephone number, and email address;
(4) A statement that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law;
(5) A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and,
(6) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
That Girl’s designated Agent for Notice of claims of copyright infringement can be reached as follows:
Service Provider: That Girl Estate & Property Services, LLC
Name of Agent for Notice: Copyright Agent
By mail: United States
12. MOBILE APPS
In order to access the websites made available through a mobile application (“Mobile App”) you must have a compatible mobile device; That Girl does not warrant that the Mobile App will be compatible with your mobile device.
The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS, AND SERVICES DELIVERED TO YOU THROUGH OUR WEBSITES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THAT GIRL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THAT GIRL MAKES NO WARRANTY THAT THE WEBSITES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THAT GIRL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT OBTAINED THROUGH ITS WEBSITES OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY THAT GIRL CONTENT OR INFORMATION OBTAINED THROUGH ITS WEBSITES.
THAT GIRL DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM ITS WEBSITES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THAT GIRL DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF ITS WEBSITES.
14. LIMITATION OF LIABILITIES
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, That Girl’s liability will be limited to the fullest extent permitted by applicable law.
17. GOVERNING LAW
19. CONTACT INFORMATION
Last Updated 3 Sept 2018
This Policy may change as we continue to develop our websites, mobile applications and online services or programs (collectively “websites”), so we encourage you to refer to this Policy on an ongoing basis, so that you understand our current Policy.
If you have any questions or concerns, please don’t hesitate to contact us at email@example.com.
1. WHAT INFORMATION WE COLLECT AND HOW WE USE IT
We collect various types of information depending on how you use our websites, such as:
- When you purchase something from one of our websites, we collect certain personal information, such as your name, address, phone number, and email address, in order to process your purchase.
- When you send us a message, we collect your email address so that we can respond to you.
- When you create an account with us, we collect personal information such as your name, address, and email address in order to expedite any future purchases.
- When you register and/or participate in any event, program, contest, surveys or other promotion that we may offer from time to time (collectively, “Promotions”), we may collect certain contact information from you.
- When you access or use That Girl pages or accounts on any third-party social media platforms such as Facebook, Twitter or Instagram (“Social Media Pages”);
- When you comment on our blog or sign up to receive news and special offers from us, we may use your email address in order to communicate with you about That Girl products, services, or events we think may be of interest to you (as permitted by law).
- When you browse our websites, we may also collect certain “non-personal information,” which by itself, cannot be used to identify or contact you. This includes demographic information (such as your age, gender, income, education, zip code, etc.), technical information (such as your computer’s internet protocol (IP) address, device screen resolution, device type, operating system, mouse movements, location and clicks, keypresses and the type of browser you are using), and information you provide us while using our websites (such as the terms you enter in the search function of our websites). This information helps us evaluate consumer trends and usage related to our websites, and allows us to improve our website content and offerings accordingly.
- In addition to the above-described information, we and our third-party service providers may collect additional information when you utilize any of our mobile applications, including the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, and information about the way you use our mobile applications.
We will retain your personal information as long as necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or not prohibited by law.
2. YOUR CONSENT
In many circumstances, we will not collect or process your personal information without your consent. We will ask for your express consent where required or where we find it appropriate. If you choose not to consent, please do not use our website, products, or services, and do not provide us with any personal information. You may withdraw your consent at any time by emailing us at firstname.lastname@example.org.
3. HOW WE SHARE YOUR INFORMATION
We may share your personal information with certain entities that control us, are controlled by us, or are under common control with That Girl Estate & Property Services, LLC (our “Affiliates”), so that they and we can offer you products and services that may be of interest to you. We require that our Affiliates agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures. These Affiliates are located in the United States:
Online Advertising and Third Parties
We work with certain third parties for advertising or promotional purposes, including to: conduct special events; serve advertisements across the Internet; track and categorize your activity and interests over time on our websites and mobile applications, and on third-party websites and mobile applications; and to identify the different devices you use to access websites and mobile applications. We may share your information with these third parties as described in this Policy, and these third parties may collect information from you independently as described in their privacy policies. The information that these companies collect or that we share may be used to customize or personalize the advertisements that are displayed to you.
We may share personal information with the third parties we work with for advertising purposes; however, we generally do not share personal information about you with third parties for third-party marketing or advertising purposes. We may also share aggregate information, such as demographic information, and our statistical analyses, to third parties in our discretion. This aggregate information does not include your personal information.
We may also share your personal information with third-party providers that perform services for us. For example, our web store is hosted by Shopify Inc. We share your personal information with service providers such as Shopify in order to provide our website and products and services to you. Any credit card or bank account information you provide our websites will not be stored on our servers, and is instead passed directly to the third-party provider. When we work with a third-party provider, we require that these parties agree to process your personal information based on our instructions and in compliance with this Policy and applicable laws.
Please remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you choose to use our websites, then your information may become subject to the laws of the jurisdictions in which our third-party providers or their facilities are located.
Additionally, we may disclose your personal information and other related information in response to subpoenas, court orders, or other lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also collect and share personal information in order to investigate or take action regarding illegal activities, suspected fraud, violations of our Terms of Service, or as otherwise required by law or by government and regulatory authorities.
Links and Social Network Posting Tools
Information You Post to Our Websites
Keep in mind that any information that you choose to post to our websites, including product reviews and blog comments, can be seen, collected, and used by anyone who visits our websites. We are not responsible for unauthorized third-party uses of such information.
4. HOW WE PROTECT YOUR PERSONAL INFORMATION
We take reasonable physical, technical, and organizational measures to protect the personal information collected on our websites. Of course, no method of transmission over the Internet or electronic storage is 100% secure. As we deem appropriate, we use security measures consistent with industry standards. However, we cannot guarantee the security of our databases, nor can we guarantee that information you provide us won’t be intercepted during transmission over the Internet.
5. COOKIES AND SIMILAR TECHNOLOGIES
Third parties that have content embedded on our website (such as buttons, widgets, and other embedded features or content) may set cookies on your browser or obtain information about the fact that you visited our websites from a certain IP address. Our third-party providers may also collect personal information as described in the section above. We do not authorize third parties to collect any other personal information from our websites unless you provide it to them directly.
What Are Cookies and How to Disable Them
A “cookie” is a small piece of information send to a visitor’s computer or other Internet-connected devices to uniquely identify the visitor’s browser or to store information or settings in the browser. It holds information a site may need to interact with you and personalize your experience. Our websites use both session cookies and persistent cookies.
Session cookies enable you to move from page to page and to use features on our websites while your browser remains open. For example, session cookies allow you to add products to your shopping cart and carry the contents of your cart to checkout.
Persistent cookies last from visit to visit. For example, persistent cookies may be used to recognize you as a previous user to provide a more personalized experience. They are stored in your computer, device, or browser until you choose to delete them.
The majority of web browsers accept cookies and similar files, but you can usually change the browser settings to prevent this. However, if you do so, some functionality of this website may be lost. Please visit www.allaboutcookies.org for more information about cookies and how to disable them.
Do Not Track
Our websites currently do not respond to Do Not Track signals in browsers.
SECTION 6 – CHILDREN’S PRIVACY
It is our policy not to knowingly collect personal information from individuals under the age of 13. If you are a parent/guardian and you suspect that your child may have submitted personal information to us, please email us. If we become aware that a child under 13 has provided us with personal information, we will strive to delete such information from our files as soon as possible.
If you are under 18 years of age and live in California, you have the right to request removal of content posted by you on our websites. Upon receipt of a fully completed removal request, we will use commercially reasonable efforts to remove content posted by you from our websites. Any such request does not ensure complete or comprehensive removal of your posted content. For example, your posted content may continue to appear on our websites if it has been reposted by others. Additionally, while we may remove the content you posted from our websites, it may continue to be stored on our servers (although it will not be visible to other users of our websites). You must complete the removal request form accurately and in its entirety in order for the request to be processed.
How to Provide a California Minor Removal Request
If you are a user under the age of 18 and reside in California, and you wish for your published content to be removed from our websites, please provide our Agent listed below with the following information in a written notice:
- Confirmation that you are currently a legal resident of the state of California;
- Confirmation that you are under the age of 18 by providing your birthday;
- A description of the exact content that you are seeking to have removed (please provide a URL if possible);
- Your full name; and
- Your email address.
Our designated Agent for California Minor Removal Requests can be reached as follows:
Service Provider: That Girl Estate & Property Services, LLC
Name of Agent of Request:
By mail: United States
By email: email@example.com (please add “California Minor Removal Request” to the subject line)
7. YOUR CALIFORNIA RIGHTS
Residents of the State of California have the right to request a list of all third parties to which we have disclosed certain information during the preceding year for the third parties’ direct marketing purposes. However, it is our policy to neither disclose personal information, nor to sell such information to third parties for the third parties’ direct marketing purposes without your consent.
8. CHANGES TO THIS POLICY
We reserve the right to modify this Policy at any time, so please review it frequently. This Policy was last updated May 24, 2018.
If our business undergoes a fundamental change such as, for example, a sale, merger, or transfer of all or a portion of our business or assets, we may disclose your personal information to the other parties in the transaction so that we may continue to provide products and services to you.
9. ACCESS AND CORRECTIONS
You may contact us at any time at firstname.lastname@example.org to (1) see what personal information we have about you, if any, (2) change or correct any personal information we have about you, 3) have us delete any personal information we have about you, or 4) express any complaints or concerns you have about our use of your personal information. It is not technologically possible to change or delete each and every instance of the information we hold on you from our systems, and data may remain in non-erasable or aggregate form. We may retain data in our backup or temporary systems. We may also retain some information for longer periods as required or permitted by law, contract, or auditing requirements.
10. INFORMATION RECEIVED FROM NON-U.S. RESIDENTS
If you are located outside the United States, please note that you may be transferring your personal information to a country that does not have the same data protection laws as your home country. For personal information received from the European Union, European Economic Area, or Switzerland, That Girl is committed to handling your personal information in accordance with this Policy and the EU-U.S. Privacy Shield (or the Swiss-U.S. Privacy Shield, as the case may be), as administered by the U.S. Department of Commerce. If there is any conflict between the terms of this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the EU-U.S. and Swiss-U.S. Privacy Shield frameworks, and to view That Girl’s certification, please visit: https://www.privacyshield.gov/list.
That Girl’s accountability for personal information that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, That Girl remains responsible and liable under the Privacy Shield Principles if third parties engaged by That Girl process the personal information in a manner inconsistent with the Principles, unless That Girl proves that it is not responsible for the event giving rise to the damage.
As further explained in the “Questions and Contact Information” section below, we encourage you to contact us should you have a Privacy Shield-related (or general privacy-related) complaint.
11. QUESTIONS AND CONTACT INFORMATION
We welcome your feedback and questions about this Policy. If for any reason you wish to contact us, please send us an email.
Any complaints will be resolved internally in accordance with our complaints procedures. If you live in the European Union, European Economic Area, or Switzerland and efforts to resolve the matter internally are unsatisfactory, the complaint may be submitted to the American Arbitration Association (http://go.adr.org/privacyshield.html), which has been selected as the independent recourse mechanism to resolve complaints and disputes relating to treatment of data originating in the European Union, European Economic Area, or Switzerland under this Policy. We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
Last Updated 3 Sept 2018
All downloads are non-refundable and cannot be returned.
Purchases made on That Girl’s websites or promoted affiliates are subject to the return policy posted on each individual site.
AFFILIATE LINK DISCLOSURE
Last Updated 3 Sept 2018
Please be aware that some of the links in this post are affiliate links and if you go through them to make a purchase I will earn a commission. I link companies and their products because of their quality and not because of the commission I receive from your purchases. Further, I have first hand knowledge of each place or product I promote or recommend. The decision to follow these links or recommendations is yours, and whether or not you decide to buy something, or visit is your choice entirely.