Terms of service.
TERMS & CONDITIONS OF USE
By visiting, navigating, or otherwise using The Colored Girl LLC’s (“TCG”) website (“Website”), including browsing our products, subscribing to our Website, or otherwise interacting with the Website, you acknowledge and understand the following Terms & Conditions of use of the Website and any use by you of this Website must be in accord with these terms and conditions. TCG reserves the right to amend and revise these Terms & Conditions from time to time at TCG’s sole discretion.
NO WARRANTY
Content on this Website is being provided "AS IS" and without any warranty of any kind, including, without limitation, warranties of merchantability or fitness for any particular purpose.
LINKS TO OTHER SITES
In the event you click on, or use, any external link appearing on the Website, you understand that you will be redirected away from the Website. Such links are provided solely for convenience and TCG is not, in any manner whatsoever, responsible for the content or policies of any linked website.
COPYRIGHT AND TRADEMARK NOTICE
Unless otherwise specified, all materials appearing on the Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of TCG and protected by copyright law. You may use the content of this site only for the purpose of transacting on the Website and for no other purpose. No images or other materials appearing on the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission from TCG. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
INTELLECTUAL PROPERTY POLICY AND REPORTING
TCG respects the intellectual property rights of others and takes claims of copyright and trademark infringement seriously. We will respond to notices of alleged infringement that comply with applicable law. If you believe any materials accessible on the Website infringe your copyright or trademark, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright and Trademark Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice for copyrights (the “DMCA Notice”) must include substantially the following and the same information should be provided with respect to content that may infringe on trademark rights of others:
Your physical or electronic signature;
Identification of the copyrighted work (or trademark) you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement that you have a good faith belief that use of the copyrighted material (or trademark) is not authorized by the copyright/trademark owner, its agent, or the law;
A statement that the information in the written notice is accurate;
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright/trademark owner.
Our designated Copyright/Trademark Agent to receive Notices is:
Albert J. Soler, Esq.
Soler Legal LLC
30 South 15th Street, 15th Floor
Philadelphia, PA 19102
asoler@solerlegal.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
MERCHANDISE
Please refer to TCG’s Terms & Conditions of Sale policy available on our Website.
PRIVACY
TCG strives to maintain any personal information collected from you while visiting the Website as secure as possible. When you make a purchase from our Website, you may be asked to provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize the shopping experience. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the TCG Website. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us. When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the TCG Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received. Please review TCG’S complete Privacy Policy by clicking on the “Privacy Policy” link available on our Website.
TCG COMMUNITY AND FORUM
The content of the Website and Community Forum (the “Forum”), including text, graphics, images, information, Forum users’ comments and information, and any other content appearing on the Website or Forum are for informational and or entertainment purposes only. The content appearing on the Website or Forum (authored by TCG or authored by any member or Forum user) is not intended to constitute, and does not in any way constitute, medical advice, diagnosis, or treatment of any kind.
NO OFFENSIVE CONDUCT OR INAPPROPRIATE IMAGES
User of the Forum is public and the information you disseminate is public. TCG expects all users of its website or Forum to conduct themselves respectfully and to refrain from offensive or inappropriate behavior. TCG reserves the right to block or permanently ban any user engaging in any type of offensive behavior, including the use of offensive language or offensive comments toward a fellow member. TCG reserves the right to immediately remove or delete any post, comment, photo, upload, or any user submissions which TCG deems offensive, including offensive images, pornography, sexually explicit material, hateful comments, or any other content which may give rise to any civil or criminal liability under applicable laws.
USER SUBMISSIONS
By using the Website or Forum, you agree that you will not send, transmit, upload any content, images, or communications that infringe or violate any rights whatsoever of any third party. By uploading, commenting, or submitting information to the Website or Forum, you agree that such submission and content is non-confidential and appropriate for public consumption. Any submission involving user business information, ideas, concepts, inventions, or any other type of user submission is non-confidential for all purposes. If you wish to keep any business information, idea, invention, or concepts private or proprietary, do not submit them to the public on the Website or Forum.
By uploading media such as photo or video, you (i) grant TCG a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute such media, (ii) certify that any person pictured in the media (or if a minor his/her parent or guardian) authorizes TCG to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute such media, and (iii) you agree to indemnify TCG and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees arise from the submission of such media and/or your failure to comply with these Terms and Conditions. TCG may remove and/or delete any user submissions at any time and without notice. The Forum is a public area and you are solely responsible for your own communications, uploads, and other submissions. As such, you are responsible for the consequences of your actions and your participation on the Forum. TCG are not responsible in any manner for the consequences of any communications you submit in the Forum.
NO ADVERTISEMENTS OR SOLICITATIONS
You may not use the Forum to place unauthorized advertisements and/or solicitations of any kind. If you are interested in advertising with TCG, please contact us.
PRIVACY AND CHILDREN
TCG does not intent to solicit or collect Personal Information from any person under the age of 18. If you are under the age of 18, do not enter or otherwise provide any information whatsoever on this Website or engage in any services (or purchase products) on the Website. If you believe your child under the age of 18 may have entered personal information, please contact TCG at hello@thecoloredgirl.com to have the data removed and terminate the minor’s account.
USE OF FORUM CONTENT
TCG permits you to view any material on the Forum for personal (non-commercial) use. Any other use, including commercial use, must be approved by TCG in writing. The content contained in the Website and Forum are protected by copyright under both United States and foreign laws and the unauthorized use of any such content by third parties may constitute a violation of copyright, trademark, or other laws.
INDEMNITY & RELEASE
You agree to indemnify, defend, and hold TCG, its directors, employees, officers, agents, licensors, and suppliers, harmless from and against any claim, actions, or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. If you have a dispute with any other Forum user(s), you release TCG (and our affiliates, third party sites, officers, directors, employees) from claims, demands, and damages of any kind arising from or connected with such dispute.
GOVERNING LAW
When you purchase merchandise on our Website or interact with our Website, you agree and acknowledge that the laws of the State of New York shall govern all issues and matters arising out of, or in relation to these Terms & Conditions (without giving effect to New York law’s conflict of law principles), including, but not limited to, their validity, interpretation, performance, enforcement, and construction. You also agree that any dispute, case, controversy, or issue related to these Terms & Conditions of Sale shall be brought solely in the city of New York in the State of New York.