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The terms and conditions set forth below (the "Terms") govern your use of our Sites on the World Wide Web and related materials. These terms are a legal contract between you and Katherine Lee, SweaterBabe.com, and all their related parties, including but not limited to affiliates, agents, partners, consultants, staff, members, advertisers, owners, related websites or businesses (collectively "we" or "us"). They govern your access to, and use of SweaterBabe.com, and any related or affiliated web sites and the publications, media and/or services they offer (the "Sites"). If you do not agree with any of these terms, please do not access or otherwise use our Sites and/or their services, and/or any information they offer.
We provide content and other services through the Sites. All information, documents, products and services provided on and through the Site, including but not limited to patterns, documents, blog posts, content, trademarks, logos, graphics, audio, video, publications, and images (together, the "Materials") are provided to you by us and are the copyrighted work of us or our contributors.
We grant you a limited, personal, non-exclusive and non-transferable license to use the Materials and use the Services and the Sites solely for your personal use or internal business use. You agree that you will only use these Sites and the Services for lawful uses.
You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Sites or any Materials on any legal basis.
Disclaimer of Warranties
Your use of these Sites, the Materials and/or the Services related to them (the "Services") is at your own risk and you assume all risks of using these Sites, the Materials and/or the Services. Neither the Materials nor the third party content have been verified or authenticated in whole or in part by us, and they may not be current or may include inaccuracies or typographical errors. We do not warrant the accuracy or timeliness of the Materials or the third party content contained on these Sites. We shall have no liability for Materials and/or third party content that is not current or for any errors or omissions in the Materials and/or the third party content, whether provided by us or our licensors.
We, for all of our entities, affiliates, and our licensors, make no express, implied or statutory representations, warranties, or guarantees in connection with the Sites, the Services or any Materials or third party content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the Sites, including without limitation, the Materials and the third party content. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Sites, the Services, the Materials, third party content, and any information or material contained on the site is provided to you on an "as is," "as available" and "where-is" basis with no warranty of any kind and we disclaim and exclude any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights.
All materials are copyrighted by Katherine Lee with all rights reserved worldwide unless otherwise noted. Unauthorized copying, modification, redistribution, or derivative works are prohibited without permission.
You agree that your use of this Site and all its Contents is solely for personal use in shopping and not for any other commercial use unauthorized by SweaterBabe.com. You may not download or copy the Contents or other downloadable materials displayed on the Site except for personal shopping use only. No right, title, or interest in any downloaded Contents, materials, or software is transferred to you as a result of any such downloading or copying. You may not and hereby agree not to reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
You agree that all information and screens appearing on these Sites including documents, services, site design, text, graphics, logos, audio and video recordings, images and icons, as well as the selection and arrangement thereof, are our sole property unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
SweaterBabe, SweaterBabe.com, and all related names and brands are our trademarks. All other trademarks, names and logos on our Sites are the property of their respective owners.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on the settings and monitor on your own computer, we cannot guarantee that your monitor's display of any color will be accurate.
Purchasing Terms and Conditions
SweaterBabe.com, you agree that the offer and sale of those goods takes place in, and will be governed exclusively by the laws of the State of California. You also agree that any legal or equitable claim against SweaterBabe.com arising from or related to your purchase must be brought in the city, state, or federal courts located in Orange County, California. All products purchased from SweaterBabe.com are F.O.B. at our business office. Title to the goods passes to you at the time of delivery by the business office to a common carrier.
We strive to provide you with the most current and accurate information available. This may mean that the books we review, products we endorse, services we recommend, and even appearances by our team or our products in the media or elsewhere online (or the appearance of others in our content) may be compensated, exchanges of favors, or facilitated by exchanges of products, services, or gifts.
DISCLOSURE: Some of the links in this material are commission-bearing affiliate links. If you click on them and make a purchase, we will receive a sales commission. This is standard practice in the affiliate marketing business. And this commission won't cost you a dime - it is a marketing expense paid by the advertising company for recruiting new customers.
General Use Terms
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE PRODUCTS OR SERVICES PROVIDED BY THE SITES.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Sites and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Sites and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Sites and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Sites and/or the Services, or (f) overwhelm or disable the Sites or the Services or interfere with the access and use of the Sites and/or the Services by any other user.
If we become aware of any of the foregoing activities, we may investigate and may respond, and when appropriate, we may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders.
Your continued use of the Sites and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that we expressly prohibit and you agree not to:
" Post any false or inaccurate Submissions (defined below) or information;
" Use the Services and/or the Sites to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
" Post any Submission or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
" Harass, stalk, or otherwise subject anyone to unwanted and/or inappropriate contact.
" Make any changes, additions and/or deletions to any Submissions posted by any user with out the express written authorization of such other user.
" Take any action that imposes an unreasonable or disproportionately large burden on the Site's infrastructure.
" Include any misleading, irrelevant and/or hidden hyperlinks or keywords in any Submissions posted by you.
" Frame or link to the Sites or any of the content or information available from the Sites, unless we expressly consent to such linking and/or framing.
" Intentionally expose the Sites and/or Services to any computer virus or any other program or code intended to disrupt or disable to operations of the Sites and/or Services.
" Use any robot, spider or other program or device to retrieve or index any portion of the Sites;
" Harvest or otherwise collect information about other users for any purpose other than use of the Sites and/or Services as expressly permitted herein.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. We reserve the right to terminate our relationship with you under these Terms and prohibit your access to the Sites and/or Services or to edit, remove or close any Submission or thread for any reason.
The foregoing prohibitions do not impose on us, and we do not assume, any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other member. You hereby acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER MEMBER EXPRESS THE VIEWS OF THE AUTHOR, AND WE WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS.
Your access to the Sites and Services is undertaken at your own risk and we are not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
Please note that we make no representations as to the privacy of our services. Any postings or sumbissions you make are publicly visible to both search engine and human visitors. Please do not post anything that you do not want to share publicly.
You agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. If you engage in prohibited conduct and/or if your behavior leads to complaints from other users, is deemed in the discretion of our employees, management or staff to be an inappropriate use of the Sites, harassing or objectionable, or you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reason to believe such information is untrue, inaccurate, not current or incomplete we have the right to suspend or terminate your account and any current and future Memberships or use of the Sites, or the Services we offer, without any further obligation to you or any third party.
Password Restricted Areas of the Sites
Certain areas of the Sites are restricted to authorized users who become members ("Restricted Areas") or who purchase or are otherwise granted access to areas of the Sites. If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
You are responsible for activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to the Sites known to you.
Pricing and Payments
You will pay all fees or charges to your account based on our current fees, charges, and billing terms. You may be required to provide us with a valid credit card as a condition to signing up for an account. You are responsible for paying any taxes that may apply. If you do not pay on time or if we cannot charge you or your credit card for any reason, we reserve the right to either suspend or terminate your access to the Sites and/or the Services and account and terminate these Terms. If you have a balance due on any account, you agree that we may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. If you are unsatisfied with the Services for any reason and notify us during the applicable refund period, we will provide you with a refund.
Our prices are subject to change without notice, as are the component parts or features of our products or services. By participating in any of our services you release and hold us harmless from any and all liability, including due to any reliance upon representations made, implied, or inferred in any of our promotional materials.
Third Party Content
Certain information and content may be provided by third parties to us ("Third Party Content").
You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. WE DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You submit with the express understanding that the Submissions may be used without limitation by us or any of our affiliates, in whole or in part, for any purpose in perpetuity, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media, including but not limited to in connection with television and/or radio or other public performances, broadcasts, or digital media distributions. You additionally agree that we are free to use any ideas, concepts, techniques, or know-how contained in any Submissions you send to us or post on or via the Sites for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submissions, you are conferring to us a perpetual non-exclusive license to use the Submissions for any and all purposes.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY MESSAGE BOARDS OR OTHER PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK. NO WARRANTY OR REPRESENTATION OF PRIVACY IS MADE OR IMPLIED.
Links to Third Party Sites
The Sites may be linked to other sites that are not our Sites. We are providing these links to you only as a convenience, and we are not responsible for the content or links displayed on such sites.
Unauthorized use of any Materials or Third Party Content contained on these Sites may violate certain laws and regulations. You shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, business partners, and all related entities harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) that we or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party in the event that your use of the Sites or the use of the Sites by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
Limitation of Liability
OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELIANCE ON THE INFORMATION AND/OR MATERIAL PRESENTED ON THE SITES OR SERVICES OR RESULTING FROM THE TERMINATION OF YOUR MEMBERSHIP OR OTHER SERVICES SHALL NOT EXCEED THE LESSER OF FIFTY DOLLARS ($50.00) OR THE RETURN TO YOU OF YOUR PURCHASE PRICE, THE REMAINING PRORATED PORTION OF YOUR CURRENT MONTHLY MEMBERSHIP, OR OTHER SERVICE FEE.
IN NO EVENT WILL WE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree that at no time during or after the term of this Agreement shall we be liable for:
" The contents of any communication, message, or other information sent by you or third parties to us, or posted by you or other third parties on any part of the Sites;
" The contents of any website not controlled, owned, or operated by us that is accessed from or linked to any part of the Sites;
" Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
" The results of any interpersonal interactions to which you are exposed or in which you become involved through the Sites or other Services, and
" Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Sites or related Services, or download any of the software through any of the Sites, even if we have been advised of the possibility of such damages.
" If you are dissatisfied with any portion of any of the Sites, any Services or products, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Sites; and
" Any termination or suspension of your membership subscription as provided in this Agreement, or any consequence thereof.
Further it is acknowledged and agreed that, any actions taken by us to improve the user experience of the Sites, including by removal of any Submissions or occasional review of postings by individuals on the Sites, shall not be deemed to constitute or create a duty by us to monitor the content thereof, nor shall it be deemed a basis for any liability by us in connection with Submissions or otherwise without limitation.
USE OF THE SITES, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREAS, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITES IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
Local Laws and Export Control
We control and operate these Sites from our headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use these Sites outside the United States of America, you are responsible for compliance with all applicable local laws.
If you violate these Terms, we may terminate your access to the Sites or Restricted Areas without notice. We have the right to terminate any account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Sites will be heard in the courts located in Orange County, California, USA. If any of these Terms is found to be inconsistent with applicable law, then such Term shall be interpreted to reflect the intentions of the parties, and no other Terms will be modified. Our failure to enforce any of these Terms is not a waiver of such Terms. The Terms are the entire agreement between you and us and supersede all prior or contemporaneous agreements and understandings between you and us with respect to the subject matter hereof. These Terms may not be modified except pursuant to a written amendment that is executed by one of our officers.