Terms of Service

By accessing or using the SharpSkirts.com web site (“SharpSkirts” or “Site”), a service of Sharp Skirts, Inc. (the “Company”), you signify that you have read, understand and agree to be bound by the following terms and conditions (“Terms of Use”), whether or not you are a registered member of SharpSkirts.

Access to the Site

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If SharpSkirts believes the information you provide is not correct, current, or complete, SharpSkirts has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

Basic Terms

1. You must be 18 years or older to use this Site or otherwise must be accompanied by a parent or guardian.

2. You are solely accountable for any messages that are posted under your screen name. You agree to cooperate with SharpSkirts in causing any unauthorized messaging to immediately cease.

3. You are responsible for keeping your password secure.

4. You must not abuse, harass, threaten, impersonate or intimidate other SharpSkirts users, including without limitation, making inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other forum on the Site or elsewhere.

5. You must not use SharpSkirts for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

6. You are solely responsible for any activity that occurs under your online profile, including your conduct, and any data, text, information, screen names, graphics, photos, attachments, profile information, audio and video clips, and links (“User Content”) that you submit, post, and display on SharpSkirts.

7. You must not modify, adapt or hack SharpSkirts or modify another web site so as to falsely imply that it is associated with SharpSkirts, or impersonate any person or entity, including without limitation, a Company employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.

8. You must not create or submit unwanted e-mail or private messages to any SharpSkirts members (“Spam”).

9. You must not transmit any worms or viruses or any code of a destructive nature.

10. You must not, in the use of SharpSkirts, violate any laws in your jurisdiction (including without limitation intellectual property rights of others such as copyrights, trademarks, service marks, trade secrets, and patents).

11. You must not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Violation of any of these agreements will result in the termination of your SharpSkirts account. While SharpSkirts prohibits such conduct and content on its site, you understand and agree that SharpSkirts cannot be responsible for the User Content posted on its web site and you nonetheless may be exposed to such materials and that you use the SharpSkirts service at your own risk.

General Conditions

1. We reserve the right to modify or terminate the SharpSkirts service for any reason, without notice at any time.

2. We reserve the right to alter these Terms of Service at any time and for any reason without notice to you. As a best practice, we recommend that all members visit this page regularly to monitor any changes. Your continued use of the Site constitutes your agreement to and acceptance of the privacy policy and any changes to it.

3. We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.

4. We may, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Use.

5. The SharpSkirts service makes it possible to post images and text hosted on SharpSkirts to outside web sites. This use is accepted; however, pages on other web sites that display data hosted on SharpSkirts.com must provide a link back to SharpSkirts.

6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

7. We reserve the right to cancel a paid account immediately and without refund if any use on that account violates the Terms of Use.

User Content

1. You retain ownership of all User Content you submit, post, display, or otherwise make available on SharpSkirts.

2. By submitting, posting or displaying User Content on or through SharpSkirts, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed).

3. You agree that this license includes the right for other users of SharpSkirts to modify your User Content, and for SharpSkirts to make your User Content available to others for the publication, distribution, syndication, or broadcast of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by SharpSkirts or others may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through SharpSkirts.

4. We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media.

Copyright

SharpSkirts undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.

To make a claim, please provide us with the following:

1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;

2. A description of the copyrighted work claimed to have been infringed;

3. A description of the infringing material and information reasonably sufficient to permit SharpSkirts to locate the material;

4. Your contact information, including your address, telephone number, and e-mail;

5. A statement by you that you have 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 the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Sharp Skirts, Inc., 6800 Westgate Boulevard, Suite 132-537, Austin, Texas 78745-4868. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (“DMCA”).

Trademarks

SHARP SKIRTS and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the SharpSkirts service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users (i.e. User Content) or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, provided that no such permission is required for the foregoing actions taken by users of SharpSkirts with respect to their own User Consent. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Payment Terms

General Terms

The current fee for the SharpSkirts service you have selected will automatically and immediately be charged to your payment instrument or account on the date that you click on the “Become a Member” button in the ordering process. Fees charged for one service may not be credited towards other services. All currency references are in U.S. dollars. Payment occurs on a pre-pay basis and payment will be automatically renewed at the end of the term. If you have received a free trial period, then you will not be charged for those days covered by the free trial period. If you do not elect to purchase a new term, your account will automatically revert to a free SharpSkirts account upon the expiration of your free trial period.

Fraud Protections

To protect against potential fraud, the Company may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between .01 and .99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. The Company will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the SharpSkirts service. By providing SharpSkirts with your credit card information, you authorize the Company to debit and credit your credit card account for an amount less than one dollar for such verification purposes.

Cancellation of Subscription

Please note, unless SharpSkirts gives notice to the contrary, payment for subscriptions are non-refundable. If you cancel your subscription before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given any refund.

Termination

If your credit card is invalid for any reason, your paid SharpSkirts account will revert to a free SharpSkirts account; provided, however, that SharpSkirts reserves the right to cancel your account entirely in such case, whereupon all the information and content contained within it may be deleted permanently. SharpSkirts accepts no liability for information or content that is deleted due to an invalid credit card.

Privacy

Certain information about you is subject to our Privacy Policy. For more information, see our full privacy policy here. Notwithstanding the foregoing, the Company reserves the right at all times to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion. You understand and agree that the Privacy Policy, including the Company’s enforcement of that policy, is not intended to confer, and does not confer, any rights or remedies upon any person. We may change our Privacy Policy from time to time, and our changes are effective upon the posting of those changes on the Site. This posting may be done without notice to you, as provided in the Privacy Policy.

Warranty and Limitation On Liability

THE SITE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. THE COMPANY MAKES NO WARRANTY THAT (a) USING THE SITE WILL MEET YOUR REQUIREMENTS, (b) SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless the Company and its parents, subsidiaries, divisions, affiliates, closely-held corporations, predecessors, successors, representatives and assigns and each of such parties’ and foregoing persons’ past, present and future directors, shareholders, investors, lenders, partners, managers, members, officers, employees, independent contractors, administrators, attorneys and agents (collectively, the “Company Indemnified Parties”), against any claim, suit, action or other proceeding against the Company Indemnified Parties, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the Site (or the use of any of your sub-accounts) specifically including (i) a violation of the terms set forth in these Terms of Service (ii) a claim that any use of the Site by you infringes any third-party intellectual property right, is libelous or defamatory, or otherwise results in injury or damage to anyone. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and the Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Travis County, Texas. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter.

Last updated: September 1, 2010.