Welcome to SavvyMiss.com. Please read this "Terms of Service" Agreement. Our users and members ("you," "your" or "members") are deemed to have agreed to these terms when using this Web site and participating in the features available at www.SavvyMiss.com.
Latest Update: November 15, 2007
1. Content Ownership.
All information available on our Web site, including but not limited to all articles, pictures, message boards, chat rooms, tools, quizzes, products, events, courses and/or other content ("content") is the sole property of Savvy Miss. Savvy Miss' content is protected by the intellectual property laws of the United States (and otherwise throughout the world), and you may not post, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any content available on the Savvy Miss Web site, including without limitation articles, pictures, trademarks or literary material, without the express written permission of Savvy Miss. Content available on the Savvy Miss Web site is for personal, non-commercial, private informational purposes only. You do not acquire any proprietary rights in any Savvy Miss content even if you download such content.
2. Membership.
Many areas of the Savvy Miss Web site, including chats, message boards and special services are accessible only to members who have registered with Savvy Miss by providing certain personal information including name and e-mail address and choosing a screen name and password. Registration is free. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for anyone who visits the Web site and uses your registration whether or not authorized by you. You agree to immediately notify Savvy Miss of any unauthorized use of your registration or password.
3. Who Can Become A Member?
Savvy Miss content is designed to appeal to contemporary young women, but we ask that our members be at least 15 years of age. We will never encourage participation or visitation by children and will never knowingly register any member under the age of 15. We discourage anyone under the age of 18 from participating in any chats or message boards that relate to sexuality or topics intended for more mature adults.
4. Public Forums are Public.
As a Savvy Miss member, you will have access to and be able to participate in public forums such as chat rooms, message boards, "ask the expert" features and various other services. You alone are responsible for the content of your messages and the consequences of any such messages, and any information you disclose in these public forums becomes public information. We ask that you use discretion and exercise appropriate caution when providing information or posting messages. Savvy Miss may decide to use the content of public forums, including interaction with the experts and/or content from chat rooms and message boards throughout our Web site (including archives). By submitting content to any message boards, chats, expert features, question and answer forums or otherwise submitting content to Savvy Miss, you: (i) expressly permit Savvy Miss to identify you by your member name as the contributor of such content in any publication in any forum, media or technology now known or later developed; (ii) grant Savvy Miss a royalty-free, perpetual, irrevocable non-exclusive license and right (including any rights of droit morale or so-called "moral rights") to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, exploit, perform and display the content you have submitted in perpetuity throughout the universe in all media whatsoever; and (iii) permit any member to access, display, view, store and reproduce such content for personal use.
5. Be Considerate and Lawful.
You agree not to use Savvy Miss to send or post messages or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually oriented (unless within the scope of the topic area), racially offensive, inaccurate, or which encourages conduct that could constitute a criminal offense, gives rise to civil liability, violates the rights of third parties or any applicable local, state, national or international law. Savvy Miss reserves the right to delete any material whatsoever from the Web Site in its sole discretion. Savvy Miss will cooperate with any law enforcement officials and/or agencies in the investigation of any person who violates the provisions of this paragraph
6. Your Identity as a Savvy Miss Member.
Information provided by you or gathered by Savvy Miss during any visit to SavvyMiss.com shall be subject to the terms of Savvy Miss's Privacy Policy which is incorporated by reference into our Terms of Service. We will not share personally identifiable information with third parties without your consent except: (i) if required by law or pursuant to a court or similar order; (ii) as deemed necessary to protect the legal rights or property of Savvy Miss; (iii) to prevent personal injury; or (iv) if pursuant to sale, merger, assignment, joint venture or other disposition of Savvy Miss, LLC. We also reserve the right to allow third party access to our systems to perform technical services, provided however, that such third parties will be bound by our privacy policy. We may make aggregate anonymous statistical demographic information (not personally identifiable) as market research and make such research available to potential advertisers or use such information ourselves so that we may better understand our audience, determine trends and tailor our services to our target audience.
7. Your Right to "opt out".
Savvy Miss reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and subsequent inquiries, but you will always have the opportunity to "opt out" of receiving any products or services that you do not wish to receive.
8. Changes.
Savvy Miss may change the Terms of Service in response to changing business circumstances and legal developments and revisions will be reflected by a change in the date in the "Last Updated" line at the top of this page. All changes will appear on SavvyMiss.com in these "Terms of Service." By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them.
9. Notice of Unauthorized Uses.
If you believe that any content published on Savvy Miss may infringe on intellectual property owned by you or a third party, please provide the details in a written notice to contact[at]savvymiss.com.
10. Technology Issues.
You acknowledge and agree that you must: (i) provide for your own access to the World Wide Web and pay any service fees (if any) associated with such access; and (ii) provide all equipment necessary for you to make such connection to the World Wide Web, including, if applicable, a computer, software, a modem and a working telephone line. Savvy Miss shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Savvy Miss Web site (inclusive of any and all software).
11. Your Representations and Warranties.
You warrant, represent and agree that: (i) all information that you provide to Savvy Miss will be true and accurate; (ii) that you have the right to submit any and content submitted to Savvy Miss, grant the licenses granted herein and that any submitted content is original to you and does not violate the rights of third parties; (iii) that you will not post, publish, transmit, attempt to reverse engineer or otherwise dismantle any or all software and/or other intellectual property maintained or otherwise found on this Web site; (iv) you will not attempt to gain unauthorized access to other computer systems (i.e., "hack") or gather, harvest, “data mine, "collect" or store information about the users or content of this Web site other than "bookmarking" as that term is commonly understood; and (iv) will not post, publish, or submit any material that violates the rights of third parties.
12. Indemnification.
You hereby indemnify, defend and hold Savvy Miss and its respective licensees, affiliates and all its respective officers, directors, owners, agents and licensors, harmless from and against any and all liability damages and costs (including reasonable attorney fees) incurred by you as a result of your use of Savvy Miss, the violation of these Terms of Service by you, or the infringement by you (or any other subscriber or user of your account), of any intellectual property or other right of any person or entity.
13. DISCLAIMER OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF SAVVY MISS.COM INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, OR PRODUCTS AVAILABLE AT SAVVYMISS.COM, IS AT YOUR SOLE RISK. SAVVY MISS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAVVY MISS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SAVVY MISS MAKES NO WARRANTY THAT SAVVY MISS WILL MEET YOUR REQUIREMENTS, OR THAT SAVVY MISS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SAVVY MISS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONTENT, INFORMATION OR PRODUCTS AVAILABLE AT SAVVYMISS.COM OR BY SAVVY MISS. SAVVY MISS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE SAVVY MISS WEB SITE.
DOWNLOADING FROM THE SAVVY MISS WEB SITE AND ALL MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED IS DONE SO AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR THE LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT SAVVY MISS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT, INFORMATION OR PRODUCTS PROVIDED IN CONNECTION WITH SAVVY MISS. SAVVY MISS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH CONTENT, INFORMATION OR PRODUCTS. THE CONTENT, INFORMATION AND PRODUCTS ARE PROVIDED BY SAVVY MISS WITH THE UNDERSTANDING THAT NEITHER SAVVY MISS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN SAVVY MISS, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SAVVY MISS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
SAVVY MISS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN SAVVY MISS, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN SAVVY MISS IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAVVY MISS OR THROUGH SAVVY MISS, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SAVVY MISS MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED, OBTAINED OR IDENTIFIED BY OR THROUGH SAVVY MISS.
SAVVY MISS IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE SAVVY MISS. AS A CONVENIENCE TO OUR MEMBERS, WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH SAVVY MISS MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST SAVVY MISS WITH RESPECT TO SUCH SITES.
14. Limitation of Liability.
SAVVY MISS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE SAVVYMISS.COM OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF SAVVY MISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Confidentiality.
Savvy Miss currently uses industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide and to prevent against its loss or misuse. Although Savvy Miss will exercise reasonable care to provide a secure transmission of data, no data transmission over the internet can be guaranteed to be 100% secure and Savvy Miss cannot guarantee that the personal information you submit will be free from unauthorized third party intrusions. Therefore you acknowledge and agree that all information you submit to Savvy Miss is done at your own risk.
16. Interruption in Service.
Savvy Miss will make reasonable efforts to keep your account and the service(s) offered by Savvy Miss operational. However, certain technical difficulties may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate will exceed one hour. Savvy Miss also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of Savvy Miss, with or without notice.
17. Hyperlinks to Other Web Sites.
The Website may contain links to other related internet Web sites, resources, sponsors, affiliates and other unrelated third parties of Savvy Miss. Savvy Miss is not responsible for the availability of these third party Web sites or their content, and Savvy Miss is neither a sponsor, partner, promoter nor publisher of such Web sites or their content. You should direct any concerns regarding any external link to the Web site administrator or webmaster of such other Web site.
18. Applicable Laws.
You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms of Service. Please note that your use of Savvy Miss may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Savvy Miss or relating in any way to your use of Savvy Miss, resides in the courts of Los Angeles, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located in Los Angeles, California in connection with any such dispute and including any claim involving Savvy Miss or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. SavvyMiss.com is operated and controlled from offices and location(s) in the United States of America. Any and all licenses for material must be made directly with Savvy Miss in writing. Persons who choose to access SavvyMiss.com from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
19. Breach of Agreement.
In the event that Savvy Miss determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for Savvy Miss, Savvy Miss reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to Savvy Miss) that you have violated these Terms of Service; (ii) delete any or all content provided by you or your agent(s) to Savvy Miss; (iii) discontinue your registration(s) with Savvy Miss; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; (v) do any or all of the foregoing or take any other action which Savvy Miss deems to be appropriate.
If your registration or ability to access Savvy Miss is discontinued by Savvy Miss due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of Savvy Miss, then you agree that you shall not attempt to re-register with or access Savvy Miss through use of a different member name or otherwise.
20. Miscellaneous Provisions.
No delay or failure to take action under this Agreement shall constitute any waiver by Savvy Miss of any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. Savvy Miss shall have the right to assign its rights and obligations under these Terms of Service, and upon such assignment Savvy Miss may be relieved of any further obligation hereunder.
21. Entire Agreement.
This Terms of Service Agreement and any other additional terms and changes, as the same may be posted on Savvy Miss, constitutes the complete and exclusive agreement between Savvy Miss and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.