Vargas Bikinis - Terms of Use
Welcome to VARGASBIKINIS.com (hereinafter referred to as “VARGASBIKINIS.com”, “VARGAS BIKINIS”, “us”, “we” or “our”). To ensure a safe, non-offensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of VARGASBIKINIS.com, users (hereinafter, "Users", “you” or “your”) agree to be legally bound and to abide by the terms set forth below, as they may be modified by us at any time and posted on this web site. In the event of a violation of these terms and conditions, we reserve the right to seek all remedies available in law and in equity.
I. TRADEMARKS VARGAS BIKINIS retains all rights regarding their trademarks, trade names, trade dress and brand names (hereinafter, collectively referred to as “Marks”). These Marks, and all associated logos or images, are registered and/or common law trademarks of VARGAS BIKINIS, and are protected by U.S. and international laws and treaties. No license to the use of such Marks is granted to you under these terms and conditions or by your use of VARGASBIKINIS.com. Your misuse of the trademarks displayed on VARGASBIKINIS.com is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
II. DISCLAIMERS AND LIMITATION OF LIABILITY User expressly agrees that use of VARGASBIKINIS.com is at User's sole risk. Neither VARGAS BIKINIS, nor its affiliates, nor any of their respective officers, members, managers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors, attorneys (hereinafter collectively referred to as, "Providers"), or the like, warrant that VARGASBIKINIS.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of VARGASBIKINIS.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through VARGASBIKINIS.com.
THIS SITE IS PROVIDED BY VARGAS BIKINIS ON AN "AS IS" AND "AS AVAILABLE" BASIS. VARGAS BIKINIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VARGAS BIKINIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. VARGAS BIKINIS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VARGAS BIKINIS OR ITS PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall VARGAS BIKINIS or the Providers, or any other party involved in creating, producing, or distributing VARGASBIKINIS.com be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of or inability to use VARGASBIKINIS.com, including but not limited to, a User's reliance on any information obtained from VARGASBIKINIS.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to VARGAS BIKINIS’ records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through VARGASBIKINIS.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS User acknowledges that VARGASBIKINIS.com contains information, designs, images, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and VARGAS BIKINIS owns a copyright in the design, selection, coordination, arrangement, and enhancement of such Content. User 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 of the Content, in whole or in part.
b. IMPORTANT NOTICE TO WEBMASTERS Regarding the use of the Marks in metatags and/or hidden text, VARGAS BIKINIS has a no-tolerance policy. The use of the Marks in metatag keywords is trademark infringement, and the use of the Marks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any VARGASBIKINIS.com web page is prohibited absent express written permission from VARGAS BIKINIS. Framing the VARGASBIKINIS.com web site with links, advertisements and/or other information not originating from the VARGASBIKINIS.com web site is expressly prohibited.
IV. ONLINE CONDUCT User agrees to use VARGASBIKINIS.com only for lawful purposes. User is prohibited from posting on or transmitting through VARGASBIKINIS.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If VARGAS BIKINIS is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, VARGAS BIKINIS may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from VARGASBIKINIS.com.
V. PRIVACY POLICY In accordance with the terms of VARGASBIKINIS.com’s Privacy Policy, VARGAS BIKINIS respects the privacy of its Users.
VI. TERMINATION OF USAGE VARGAS BIKINIS may terminate or suspend any User's access to all or part of VARGASBIKINIS.com, without notice, for any conduct that VARGAS BIKINIS, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or VARGASBIKINIS.com.
VII. USAGE BY MINORS VARGAS BIKINIS cannot prohibit minors from visiting this site. VARGASBIKINIS.com must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for such children to view. VARGAS BIKINIS requires that all purchases be made by an adult. EACH TIME YOU PURCHASE A PRODUCT AT VARGASBIKINIS.COM, YOU ARE REPRESENTING TO VARGASBIKINIS.COM THAT YOU ARE AN ADULT OVER THE AGE OF 18.
VIII. MODELS DEPICTED
All models depicted, displayed and/or appearing on VARGASBIKINIS.com are fully consenting, of age, adult persons. User is not permitted to use these models’ images for any commercial purpose, unless expressly agreed to by VARGAS BIKINIS in writing.
IX. SEVERABILITY The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
X. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between you and VARGAS BIKINIS regarding your relationship with VARGASBIKINIS.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the VARGASBIKINIS.com web site. VARGAS BIKINIS may terminate, change, suspend or discontinue any aspect of VARGASBIKINIS.com, including the availability of any features of the web site, at any time and without notice. VARGAS BIKINIS also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. VARGAS BIKINIS may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this web site after any changes to these terms are posted will be considered acceptance of those changes.
