Terms of Use
Ball Girl Sports, LLC. (“Ball Girl Sports” or “we”, “our” or “us”) operates the Ball Girl Sports website and mobile version.
These Terms of Use include our policy for acceptable use of the Platform. These Terms of Use also incorporate, by this reference, (1) our Privacy Policy which explains how we collect and use your and information and data, (2) our Disclaimer which clarifies that our recommendations are not a replacement for legal/medical/professional advice, guidance or instruction and that we are not to be held liable for any issues arising from the purchase of a product we recommend or issues arising from the purchase of a product from a third party merchant (ie shipping delays, damage, etc.) The Terms of Use, Privacy Policy and Disclosure collectively shall be referred to as the “Agreement” and govern your rights, obligations and restrictions regarding your use of the website. By using the website, you agree to be bound by this Agreement.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Platform. You will be deemed to have agreed to any such modifications by your further use of the Platform after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the website immediately.
Our Content
Proprietary Rights
With the exception of User Content posted by others and content provided by the website design software (Wix), all materials contained on the website, including all content, text and look and feel of the Platform, and all other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Ball Girl Sports, LLC. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the website, in whole or in part, unless specifically provided permission to do so by Ball Girl Sports, LLC in writing. Subject to your compliance with this Agreement and any other relevant policies related to the website, we grant you permission to access and use the website and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the website. You agree not to use the website for any other purpose.
Modification
We reserve the right to make changes to the website, posted policies and this Agreement at any time without notice other than the reposting of the modified Agreement so check back frequently.
Please contact us at ballgirlsports27@gmail.com with any questions regarding this Agreement.
Disclaimers & Limitation of Liability
THE WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED HEREON ARE PROVIDED BY US AND OUR WEBSITE BUILDER/HOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BALL GIRL SPORTS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTIONS OF ITS USERS OR THE CONTENTS OF ANY USER CONTENT. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE PURCHASE OF ANY PRODUCT. YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY TO ANY CONCERNS OR DAMAGES SHALL BE TO CEASE USING THE WEBSITE AND TO TERMINATE YOUR ACCOUNT IF YOU HAVE ONE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
Third-Party Content & User Content
You acknowledge that Ball Girl Sports is an online service provider that may post content provided by users. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including content posted by our contributors or User Content, are those of the respective authors and not of Ball Girl Sports or any of their registered agent(s) or team members. We retain the right to filter or reject User Content and other content posted by third parties. We neither endorse nor are responsible for the User Content or any other content posted to the website by anyone other than Ball Girl Sports.
Conduct
You, as a user, agree to use the website only for lawful purposes. Without limiting anything else above, specific prohibited activities include, but are not limited to:
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using any information obtained from the website in order to harass, abuse, or harm another person, whether a user or a contributor
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posting, uploading or sharing content that violates any of the prohibitions herein or that constitutes copyright infringement, patent infringement, or theft of trade secrets;
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attempting to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein;
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using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);
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collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
You represent and warrant that neither your actions on the website or your content will violate any of the prohibited conduct described above. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your account and your access to the website.
Copyright
If you believe that any content, including User Content or other materials, posted on the website constitute an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Registered Agent at the following contact information: ballgirlsports27@gmail.com
To be effective, the notification must be a written communication that includes the following:
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A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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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;
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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 us to locate the material;
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Information reasonably sufficient to permit us 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;
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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
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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.
Links
The website may contain links that direct you to websites operated by third parties. We do not monitor or control the linked sites and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
Third-Party Merchants/Providers
The website may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.
This Agreement is between you and Ball Girl Sports only, not with Apple, Facebook, Instagram, Google or any other third party through which you may have accessed through the website. The Merchants have no obligation whatsoever to furnish any maintenance and support services with respect to the website.
Electronic Communications
When you use the website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email if needed. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
Indemnity
You agree to indemnify and hold Ball Girl Sports, Ball Girl Sports, LLC and our respective registered agent and team members harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement and/or any of your representations and warranties set forth herein
Severability
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, the agreement shall be deemed invalid or unenforceable in said jurisdiction.
Legal Notice
You are subject to all laws of the state(s) and countries in which you reside and from which you access the website and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation.