Website © 2023 3D Girls, Inc.
Last updated: September 18, 2023
By accessing, browsing, and/or using the Site you acknowledge that you have read, understood, and agree to be legally bound by the Agreement. If you do not accept the terms of the Agreement (and thus do not agree to be bound by the Agreement), do not use the Site.
We reserve the right to amend this Agreement at any time by posting the amended terms on the Site and changing the “last updated” date.
- Use of Site and Content
We reserve the right to review, improve, amend, or change the Site at Our discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
To access some of the resources the Site offers, Users may be asked to provide certain registration details and information. Those who register are responsible for the security and confidentiality of their own user ID, password, and other related information. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Site using your information. You agree to notify Us of any unauthorized access to the Site or related breach of security.
You acknowledge that copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights of 3D Girls and other parties protect the Content. For any Content that We own, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You shall not claim ownership over any Content by reason of your use of or any right to use the Site or create or change the status of any lien or other security interest or legal rights. You may not modify, redistribute, sell, or modify any Content, in whole or in part, without 3D Girls’ express written permission. You may view, print, store, archive, and use the Content on the Site (without alteration, website framing, or redaction) solely for your personal, noncommercial use, or for the benefit of 3D Girls. We reserve all other uses of the Site.
You will use the Content and the Site for only lawful purposes. You are prohibited from using the Content or the Site to (i) harm or threaten to harm any person or organization; (ii) damage or threaten to damage any network, system, computer, or physical or intangible property; or (iii) perform or threaten to perform any malicious or unethical activity, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation.
- Third-Party Websites
The Site may provide links to various third-party websites (“Third-Party Sites”) for specific purposes, including but not limited to making donations, joining or scheduling activities, viewing third party content, creating a social media account, or obtaining additional resources in support of or relating to 3D Girls’ mission. While We strive to provide accurate and quality information, We do not endorse any content in a Third-Party Site. We also are not responsible for the content of any Third-Party Site, nor do We make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Sites, and We shall have no liability of any nature whatsoever in relation to any of the foregoing. When you visit Third-Party Sites, you do so at your own risk. Please take precautions when downloading files from this and all Third-Party Sites to protect your computer from viruses and other destructive programs.
- Social Media Sites
- User Submissions and Content
By submitting Content to any part of the Site where such Content is viewable to the public, User agrees that such submissions are non-confidential and non-proprietary for all purposes. By providing any such submission, any material will be deemed and remain the property of the Organization. You represent and warrant that the owner of such Content has expressly granted the Organization a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, display, modify, publish, edit, translate, distribute, perform, and create derivative works from Content in any media or medium, form, or forum known of hereafter developed.
You represent and warrant that you own and control all rights to such submissions and have the right to grant the license to Us and Our licensees, successors, and assigns, and that all contributions do, and will, comply with this Agreement. You understand and acknowledge you are responsible for any contributions you submit and you, not the Organization, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- Monitoring, Enforcement, and Termination of Content
The Organization has the right (but not the obligation) to refuse, move, edit, or delete any Content that is available on the Site at their sole discretion, for any or no reason. User acknowledges and agrees that the Organization may take any action We deem necessary or appropriate if We believe Content violates this Agreement, including, but not limited to, infringing any intellectual property right, threatening the personal safety of users to the Site or the public, or if it potentially creates liability for the company. The Organization may take appropriate legal action for any illegal or unauthorized use of the Site. The Organization has the right to fully cooperate with law enforcement authorities or court order directing or requesting Us to disclose your identity or information or preserve Content posted by you in relation to relevant legal action. You waive and hold harmless the Organization from any claims resulting from any action taken by the Organization during, or as a consequence of, a legal investigation by either the Organization or law enforcement authorities.
In its sole discretion, the Organization has the right to terminate, restrict, or suspend your account and access to the Site for any or no reason, including, but not limited to, for lack of use or if the Organization believes you have violated the Agreement. You agree that any termination of your ability to access the Site may be done without prior notice and acknowledge that the Organization may immediately deactivate or delete your account and all related information and files in your account, as well as bar further access to such files. The Organization shall not be liable to you or any third party for any termination of your access to the Site.
The Organization, however, cannot guarantee it reviews all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding any transmissions, communications, or material provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Digital Millennium Copyright Act (“DMCA”) Notice
Content available on the Site may include material provided by or received from third parties. The Organization does not permit the use of content on its websites that infringes on the trademark or copyrights of others and will remove any such content if properly notified of such violation in accordance with the procedure set forth below.
To notify the Organization of alleged copyright or trademark infringement on the Site, send a written communication to the designated agent for such claims at the following address:
3D Girls, Inc.
933 Lee St. SW Suite B1 Atlanta, GA 30310 | firstname.lastname@example.org | 678.664.9027
In your notice, please provide ALL of the following information (as required by the DMCA):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted 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.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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.
- 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.
Upon receiving the above information, the Organization will promptly investigate and take appropriate action, then notify you of the undertaken action at the provided contact address.
- Disclaimer of Warranty
The Content provided on the Site is provided as a service to members of the public. Information presented on the Site is provided for informational and entertainment purposes only. No information presented on the Site constitutes legal, financial, or medical advice, nor does it create an attorney-client, doctor-patient, fiduciary, or counseling relationship between 3D Girls and you or any other party. You acknowledge and agree that the Site and the Content therein are provided on an “as is” and “as available” basis. None of 3D Girls’ officers, directors, employees, agents, volunteers, contributors, or licensees (collectively the “Site Parties”) guarantees the accuracy, completeness, or usefulness of any of the Content. There are no third-party beneficiaries to this agreement.
None of the Site Parties warrants that the Site will be uninterrupted or error-free or that the Site, its server, or any files available for downloading through the Site are free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of the Site and the accuracy or completeness of the Content is assumed solely by you.
None of the Site Parties makes any, and hereby specifically disclaims any, representations, endorsements, guarantees, or warranties, express or implied, regarding the Site or any Content, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights. Without limiting the generality of the foregoing, all of the Site Parties disclaim any warranties with respect to any results that may be obtained from the use of the Site.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
- Limitation of Liability
Under no circumstances will 3D Girls or any Site Parties be liable for any loss or damage caused by your reliance on information obtained through the Content on the Site, including without limitation any loss or damage caused by your reliance on information obtained from Third-Party Sites to which this Site is linked. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information or Content available through the Site.
In no event shall 3D Girls or any Site Parties be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to the Content or this Agreement, whether based on warranty, contract, tort, or any other legal theory.
In those jurisdictions that do not allow the exclusion or limitation of liability for negligence, consequential, or incidental damages, the liability of 3D Girls and any Site Parties is limited to the greatest extent permitted under that jurisdiction’s applicable law.
Your sole and exclusive remedy for dissatisfaction with the Site or any of the Content is to stop using the Site.
User agrees to indemnify, defend, and hold harmless the Organization and its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, judgments, damages, expenses, losses, or liabilities arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to, user submissions and any use of the Content and services outside what has been expressly authorized in this Agreement.
We reserve the right, in Our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
- User Must Comply With Applicable Laws
We make no claims concerning whether the Site or Content may be viewed, printed, archived, downloaded, or used outside of the United States or otherwise outside of Our intended service area. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.
The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement.
If We fail to enforce strict performance of any provision of the Agreement, such failure will not constitute a waiver of Our right to subsequently enforce such provision or any other provision of the Agreement. Neither the course of conduct between you and 3D Girls nor trade practice shall act to modify any provision of the agreement.
The disclaimers and limitations of liability will survive any termination or expiration of the agreement. It is expressly understood and agreed that in the event any remedy hereunder is determined to have failed its essential purpose, all limitations of liability and exclusions of damages will remain in effect.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Georgia, except with regard to its conflicts of law rules. Any action relating to the Content, Site, or the Agreement must be brought in the federal or state courts located in Atlanta, Georgia, or the county in which We primarily operate, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Content, Site, or the Agreement must be commenced within one (1) year after the claim or cause of action arose, or else such cause of action is barred.