ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION PROVISION BELOW, YOU AND HER-RAH 1ST BRA AGREE THAT DISPUTES BETWEEN YOU AND HER-RAH 1ST BRA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
Please take a few minutes to review these Terms. Your use of the www.HerRah1stBra.com website or other websites, applications or features Her-Rah 1st Bra owns or controls on which we post a link to these Terms (collectively, "Her-Rah 1st Bra"), regardless of how you access them, constitutes your agreement to follow these Terms and to be bound by them. IF YOU DO NOT AGREE, PLEASE DO NOT CONTINUE USING HER-RAH 1ST BRA.
These terms may change.
Her-Rah 1st Bra reserves the right to update or modify these Terms at any time effective as of the posting of the new terms or a later date as may be specified in the new terms. You agree that we may notify you of the new terms by making them available via the Her-Rah 1st Bra website, email, or social media sites, and that your use of the Her-Rah 1st Bra after we have posted the new terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms. For this reason, we encourage you to review these Terms whenever you use the Her-Rah 1st Bra.
Hyperlinks to other websites
The Her-Rah 1st Bra and all content available on the Her-Rah 1st Bra website are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You agree and acknowledge, by your use of the Her-Rah 1st Bra, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Her-Rah 1st Bra, and that Her-Rah 1st Bra and its Affiliates (defined below) are not liable for any damages of any kind related to your use of the Her-Rah 1st Bra.
NEITHER WE NOR ANY AFFILIATED OR RELATED ENTITY, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF A HER-RAH 1ST BRA ARE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF A HER-RAH 1ST BRA OR ANY OTHER WEBSITE OR FEATURE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE NOR ANY HER-RAH 1ST BRA AFFILIATE (DEFINED BELOW) WILL BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, CESSATION, MODIFICATION OF A HER-RAH 1ST BRA, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS AND INFORMATION, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THE HER-RAH 1ST BRA. YOU ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR, ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF A HER-RAH 1ST BRA.
You agree to indemnify, defend and hold Her-Rah 1st Bra Affiliates harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Copyrights & Other Intellectual Property
All of the Material (defined below) on this website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Her-Rah 1st Bra Brands. Your use of the trademarks, service marks, trade dress, copyrighted material or any other materials displayed or available via the Her-Rah 1st Bra, including, without limitation, graphics, layout, text, instructions, widgets, images, audio, videos, designs, advertising copy, logos, domain names, the "look and feel" of the Her-Rah 1st Bra and the compilation, assembly and arrangement of the materials of the Her-Rah 1st Bra (collectively, "Materials") is strictly prohibited. You may, however, download, print and store selected portions of the Material, provided you (1) only use these copies of the Material for your own personal, non-commercial use, (2) do not copy or post the Material on any network computer or broadcast the Material in any media, (3) do not modify or alter the Material in any way, or delete or change any copyright or trademark notice, and (4) do not reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Her-Rah 1st Bra creates to generate its web pages or any software or other products or processes accessible through the Her-Rah 1st Bra. You agree that we may revoke the prior permission at any time without liability to you and you will not insert any code or product to manipulate the Materials in any way that affects any user's experience. No right, title or interest in any Materials is transferred to you as a result of any such downloading. Her-Rah 1st Bra Brands reserves complete title and full intellectual property rights in any Material you download from a Her-Rah 1st Bra. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Material.
You also agree that you will neither: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Her-Rah 1st Bra Brands.
You may not use the Her-Rah 1st Bra for any purpose or in any manner that infringes the rights of any third party. We encourage you to report to us any content on the Her-Rah 1st Bra that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Her-Rah 1st Bra infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), we have a designated agent for receiving notices of copyright infringement and follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.
Our copyright agent for notice of claims of copyright infringement on or regarding the Her-Rah 1st Bra can be reached as follows:
Email address: email@example.com
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
Other Intellectual Property. If you believe that any content on the www.HerRah1stBra.com website violates your exclusive rights other than copyrights, please provide us at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on the Her-Rah 1st Bra to: firstname.lastname@example.org
General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims! Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
We will take reasonable steps to notify you if your materials are removed based on a third-party complaint of alleged intellectual property infringement. If you dispute the removal of your materials, as a result of the third-party complaint, you have the right under the DMCA to notify us of the mistake or misidentification.
We reserve the right to terminate the accounts of users who (in our reasonable discretion) are repeat infringers.
User Comments & Postings
We may provide user comment areas, chat rooms, message boards or other interactive or public areas on the Her-Rah 1st Bra ("Community Forums") where users can engage in social networking, interact with others, as well as have the opportunity to submit photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including personal information (collectively, "User Submissions"). For each User Submission you send, post, upload, or otherwise make available to the Her-Rah 1st Bra, you grant to Her-Rah 1st Bra Brands an irrevocable, worldwide, non-exclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast and perform that User Submission and your name, voice, likeness and other identifying information in connection with that User Submission via any media now known or later developed, without any compensation or further notice to you.
By submitting a User Submission, you represent and warrant that:
- You are the sole author and owner of the intellectual property and other rights thereto;
- Subject to applicable laws, all "moral rights" that you may have in such content have been voluntarily waived by you, even if the User Submission is altered or changed in a manner not agreeable to you;
- All content that you post is honest, accurate and not misleading;
- You will not impersonate any other person, user or company or upload or post User Submissions that you know are false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Use of the content you supply does not violate these Terms and will not cause injury to any person or entity;
- Your User Submission relates to the content on the Her-Rah 1st Bra and is intended to add to the discussion and community on the Her-Rah 1st Bra - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters);
- Your User Submission is not for commercial purposes and does not advertise or promote a product or service except those provided on the Her-Rah 1st Bra;
- You will be respectful of others' opinions and comments so we can continue to build a Community Forum for everyone to enjoy. If you think your User Submission might offend someone, chances are it probably will and it doesn't belong on a Community Forum; AND
- Your User Submission is suitable for a public forum.
You further agree and warrant that you will not submit any User Submission:
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance, rules or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be, considered to be, defamatory, libelous, indecent, obscene, hateful, racially or religiously biased or offensive, unlawfully threatening, unlawfully harassing, abusive, or threatening to any individual, partnership or corporation, or negative toward or connected to national origin, gender, sexual preference or physical handicap. Cursing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited and your User Submission may not threaten abuse or harm others;
- That includes any information that references other websites, or personal information about you or another person (e.g., full name, password, phone number, address, e-mail address, financial information, other personally identifiable information or contact information, or information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature);
- That contains any computer viruses, worms or other potentially damaging computer or electronic programs, code or files; OR
- That promotes violence or describes how to perform a violent act.
We hope that you will use each Community Forum to exchange information and content and have discussions with other members. However, please remember that a Community Forum is a public forum and User Submission that you post on a Community Forum will be accessible and viewable by other users.
You agree to indemnify and hold Her-Rah 1st Bra and its subsidiaries, affiliated companies, divisions, joint ventures, and third-party service providers and each of their employees, officers, designers, manufacturers, directors, members, managers, and agents (collectively, "Her-Rah 1st Bra Affiliates"), harmless from all claims, demands, losses, and damages of every kind and nature, whether actual, consequential or otherwise, known and unknown including reasonable attorneys' fees, arising out of a breach or alleged breach of your representations and warranties set forth above.
By submitting your email address or other contact information through a Her-Rah 1st Bra in connection with your User Submission, you agree that Her-Rah 1st Bra and its Affiliates may use your information to contact you about the status of your User Submission and other administrative purposes.
All User Submissions that you submit may be used at our sole discretion. Her-Rah 1st Bra does not guarantee that you will have any recourse through Her-Rah 1st Bra to edit or delete any content you have submitted. You acknowledge that you, not Her-Rah 1st Bra, are responsible for the content of your User Submission. Subject to applicable laws, you further authorize us to publish your User Submission in a searchable format that may be accessed by users of the Her-Rah 1st Bra and the Internet. Neither Her-Rah 1st Bra nor Her-Rah 1st Bra Affiliates are responsible for, and we do not endorse, any User Submission posted in Community Forums or elsewhere on the Her-Rah 1st Bra.
No Obligation to Prescreen/Monitor. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Submission. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Submission. Because we may not prescreen User Submissions, if your User Submission contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Submission. You agree that Her-Rah 1st Bra has no obligation to monitor or enforce your intellectual property rights to your User Submission but has the right to protect and enforce its and its licensors' licensed rights to your User Submission.
You agree that if you submit content, information, ideas, suggestions, designs or other materials to Her-Rah 1st Bra, those materials are submitted voluntarily. You also understand and acknowledge that: (a) Her-Rah 1st Bra has wide access to content, information, ideas, suggestions, designs and other materials that may be similar or identical to materials you submit to us; (b) you will not be entitled to any compensation (nor will Her-Rah 1st Bra be obligated to negotiate with you) as a result of our use of any similar or identical material; and (c) we do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your rights in and to any materials you submit to Her-Rah 1st Bra.
No Obligation to Use. You agree and understand that we are not obligated to post, keep or use your User Submission.
Membership & Registration
Certain areas of the Her-Rah 1st Bra website may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Submissions. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Submissions or participate in certain features of the Her-Rah 1st Bra website. When you provide information to Her-Rah 1st Bra, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of Her-Rah 1st Bra using your name in whole or in part. We reserve the right to terminate your account or otherwise deny you access to any Her-Rah 1st Bra or feature in our sole discretion without notice and without liability.
Viral Content Distribution
We may grant you-but only through express written permission-the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available via forms of digital delivery on the Her-Rah 1st Bra for such purpose ("Viral Distribution"). Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal web site; or (c) posting and displaying a copy of Materials on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising. If expressly permitted and made available on the Her-Rah 1st Bra, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
Widgets & Applications
NOTICE TO THIRD PARTY SITES: Any of our Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.
You may choose, at your sole and absolute discretion and risk, to use applications that connect a Her-Rah 1st Bra or your profile on a Her-Rah 1st Bra with a third party site (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Her-Rah 1st Bra profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Her-Rah 1st Bra accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Her-Rah 1st Bra harmless for the sharing of information relating to your Her-Rah 1st Bra accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
If you download any software or files from the Her-Rah 1st Bra, including, without limitation, any audio files, video files, data files, images incorporated in or generated by the software or files, data accompanying the download and any files transmitted to you as part of our email or similar services (collectively, the "Downloads"), you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license in such Downloads by us or the owner of the Downloads. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but we or the owner of such Downloads retain all right, title, and interest in and to the Downloads, and all intellectual property rights in the Downloads. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a human-perceivable form, or transfer the Downloads to any third party. Any Downloads are downloaded and used at your own discretion and risk and you will be solely responsible for any damage or loss of data that results from such Downloads. Your use of the Download may be governed by Additional Terms. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of the Downloads.
We reserve the right to terminate any Her-Rah 1st Bra or related products or services at any time for any reason.
ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION
BOTH YOU AND HERRAH 1ST BRA WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND HERRAH 1ST BRA WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
You agree that these Terms and your use of the Site are governed by the laws of Ohio, USA without regard to its conflict of law principles. The parties each agree to finally settle all disputes only through arbitration; provided, however, Her-Rah 1st Bra shall be entitled to seek injunctive or equitable relief in the state and federal courts in Columbus, Ohio, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms or your use of the Site will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Columbus, OH; Chicago, IL; New York City, NY; Los Angeles, CA; Atlanta, GA; or Dallas, TX (whichever is closest to your residence). The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court. Her-Rah 1st Bra agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs incurred by you to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of these Terms or the Site.