Terms of Service

Thank you for using lazygirls!

These Terms of Service ("Terms") define your rights to access and use lazygirls's website, products, and services (collectively, "Products"). Please review this document carefully, and contact us if you have any questions. By using our Products, you agree to be bound by our Terms and by the Privacy Policy.

1. Using lazygirls

a. Who is allowed to use lazygirls

You may register for an account and use our Products only if you can form a binding contract with lazygirls, and only in compliance with these Terms and all applicable laws. When you create your lazygirls account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. Duplicate accounts opened by the same person are not allowed. If you open an account on behalf of another entity (e.g. a company), then (a) "you" includes both you and that entity, and (b) you warrant and represent that you are authorized to grant any and all licenses and permissions provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software (e.g. a javascript bookmarklet) that is placed on your computer, phone, tablet, or other device. You agree that we may upgrade those Products as needed, and these Terms will apply to any such upgrade.

b. Our license to you

Subject to these Terms and our policies (including our Acceptable Use Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

2. Your Content

a. Posting User Content

lazygirls allows you to post content, including photos, comments, links, polls, and other materials. Anything that you post on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to lazygirls.

b. How lazygirls and other users may use your content

By accepting these Terms, you grant lazygirls and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, repost, modify, create derivative works, perform, and distribute your User Content on lazygirls solely for the purposes of operating, developing, providing, and using the lazygirls Products. Nothing in these Terms shall restrict other legal rights lazygirls may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

c. How long we may keep your content

Following termination or deactivation of your account, or if you remove any User Content from lazygirls, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, lazygirls and its users may retain and continue to use, store, display, reproduce, repost, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through lazygirls.

d. Your feedback

We appreciate your feedback and ideas, and always want to know how we can make lazygirls a better site. If you choose to submit feedback, ideas, or comments, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, lazygirls does not waive any rights to use similar or related Feedback previously known to lazygirls, or developed by its employees, or obtained from sources other than you

3. Copyright Policy

lazygirls has adopted a lazygirls Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.

4. Security

We take the security of our users seriously. While we work to protect the security of your content and account, lazygirls cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of unauthorized use of your account or any kind of breach or misuse of the Products.

5. Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by lazygirls. We do not endorse or assume any responsibility for any such third-party content or interaction. If you access any third party content from lazygirls, you do so at your own risk and you agree that lazygirls will have no liability arising from your use of or access to any third-party website, service, or content.

6. Termination

lazygirls may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.

7. Indemnity

You may not use our Products for commercial purposes, as determined in our sole discretion, and you agree to indemnify and hold harmless lazygirls and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

8. Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

lazygirls SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

lazygirls takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your needs.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, lazygirls SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL LAZYGIRLS'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

lazygirls makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of lazygirls' services. In no event shall lazygirls be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use lazygirls.info's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

10. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Sarasota County, Florida or the United States District Court for the Southern District of Florida.

Our Products are controlled and operated from the United States, and we make no warranties or representations that they are appropriate or available for use in other locations.

11. General Terms

Notification Procedures and changes to these Terms. lazygirls reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you agree to stop using the Products immediately.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by lazygirls without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with lazygirls in connection with the Products, shall constitute the entire agreement between you and lazygirls concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and lazygirls's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12. Maintenance

lazygirls will perform maintenance services as lazygirls determines reasonably necessary. Users of our Products acknowledge that such maintenance may require downtime. lazygirls will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond lazygirls control limit the ability to do so.