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Preppydom, LLC
Terms and Conditions of Use

Acceptance
Thank you for visiting www.preppydom.com (the “Site”), which is operated by Preppydom, LLC, (also referred to as  “we”, “us”, “our” or “Company”).  We hope you find our Site informative and enjoyable.  Please read these Terms and Conditions of Use carefully.    By using or visiting our Site (in any capacity), you agree to be bound by and comply with these Terms and Conditions, which includes and incorporates our Privacy Policy and our Social Media Policy (the “Policies”). If you do not agree with the terms found in the Company’s Policies please do not use the website.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this website, you agree to the following terms and conditions:

Your Account and Registration
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of our Privacy Policy.

If you use this site, you are responsible for maintaining the confidentiality of 3rd Party information and account information, credit card information, usernames, passwords and Ids that may be required to use the site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). The Company reserves the right in its sole discretion to refuse access to the site or services provided through it, terminate accounts and usage rights, edit or remove content or Submissions (as defined).

Unless otherwise determined, payment must first be received by us, prior to the acceptance of an order or service. Invoices are due immediately unless otherwise noted, in writing.  We have the sole discretion to cancel or deny order or service.  We are not responsible for pricing, typographical, or other errors in any offers and we reserve the right to cancel any orders related to such errors.

Access to certain content, services and features on the Company site requires users to register and become a 3rd party of the Company (refer to the Privacy Policy).  You agree not use a false name or a name that you are not authorized to use or use false data.





USE OF THE SITE
The Site allows you to shop online and register for service. However, you are prohibited to do the following acts: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; or (g) take any action that may damage the rating system.

NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anyone, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

Ownership
All content included on this site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of the Company and the Company content suppliers, affiliates, members, contributors or licensors and protected by the laws of the United States and other countries and international treaties. The Company and other marks indicated on the site are registered trademarks of the Company in the United States. All other trademarks that are not owned by the Company that appear on this site are the property of their respective owners, which may or may not be affiliated with or connected to the Company. Individuals shown may be paid models, and not necessarily customers.

Communications
When you visit the site or sign up for products or services or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you via e-mail, text, voice calls, or by posting notices on the site.  Additionally, you may receive communications from unknown people via: e-mail, text, or voice calls attempting to contact you regarding potential lost items.  You agree that the Company is not responsible for the content of these communications and that these messages are from individuals who possibly recovered your personal belongings.  You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.

Content and Copyright, Trademark, and Related Issues
The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the "Content") are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by our licensors or us and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice. 

The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited. 

The Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.

Intellectual Property
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on them. The materials available on the site shall remain the property of the Company and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them.

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Except as noted herein, no part of this website (whether it be the content, layout, or itself framework) may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, download, prints, or by any information storage and retrieval system, without permission of the Company.

User Submissions
The Personal Information you submit to the Site is governed by the Privacy Policy. When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated, and you agree that such User Content will not be considered or treated as confidential and

1.    You acknowledge and understand others may see, read, use or re-transmit such User Content,
2.    You explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and
3.    That The Company is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sublicenses. The Company, however, is under no obligation to use the User Content.

Links & Framings 
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.

Linking / Third Party Links on Our Site 
Our Site may contain links to other Web sites. The Company does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party Web sites and is not responsible for such Web sites’ terms of use or privacy policies or how they may treat your information. Your use of third-party Web sites is at your own risk. Please be mindful of this as you link to other sites.  In general, the Company does not object to links to our Site from third-party Web sites. However, you must abide by the following rules:

1.    Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site.
2.    Do not present the link to our Site in any way that suggests the Company or our Site has any relationship or affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web site, unless you have a specific written agreement with The Company to do so;
3.    Link only to the home page of our Site; and
4.    Do not, without the Company written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any "metatag" or other information used by search engines or other information location tools to identify and select Web sites.
5.    The Company will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of the Company and its products. The Company reserves the right to cancel permission to link at any time, for any reason.

Site Forum, Chat Rooms, Blogs, 3rd party Articles and Social Media:
1.    The Company does not endorse any 3rd Party Submission, 3rd party submission or material or any opinion or statement expressed therein, and the Company disclaims any and all liability in connection with 3rd Party Submissions.
2.    The Company does not permit copyright or other infringing activities of intellectual property on its Website. The Company reserves the right to remove 3rd Party Submissions and content without prior notice and will remove all 3rd Party Submissions and any other content if properly notified that a 3rd Party Submission or content infringes on another's intellectual property rights.
3.    The materials posted on these pages by the Company or any association 3rd Party may be retrieved solely for your own personal use and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not otherwise copy, modify or distribute the contents of these pages without the express permission of The Company

Refer to our Social Media Policy for additional Terms and Conditions of use.

Limitation of Liability
The use of the Site and Content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to our Site or us.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, The Company shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to One U.S. Dollars ($1.00), notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.  Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

Indemnification
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Waiver
Failure of the Company to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

Fraud
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected The Company shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

General
The Company is based in New Canaan, Connecticut, in the United States of America. The Company makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.

International Use
This site is accessible worldwide, but not all products or services discussed or referenced in the site are available to all persons or in all geographic locations or jurisdictions.  We do not make any assertions that these products and services are available for use in locations outside the United States. If you choose to access this site from other locations, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the site is void where prohibited. In accordance with the European Union Data Protection Directive and other similar regulations, you give us your express permission to:
•    Update data to ensure accuracy
•    Store data in multiple countries
•    Transfer your personal data across national boundaries
•    Provide data to insurance companies, law enforcement agencies, credit card processors, manufacturers, etc. as needed to provide the services for which the data was collected
Law that Applies; Interpretation and Modification
You expressly agree and personally submit to the exclusive jurisdiction of the courts of Fairfield County, State of Connecticut, to adjudicate and resolve any dispute with the Company, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CONNECTICUT IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms of Use are governed by the substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

Copyright Violations
The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Preppydom, LLC’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is Preppydom, LLC’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide The Company Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).    Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent(s):

Preppydom, LLC
info@preppydom.com

To be effective, the notification must be a written communication that includes the following:
1.    A signature of the copyright owner or a person authorized to act on behalf of the owner of material that is allegedly infringed or the injured party in the case of a violation of privacy
2.    Identify or describe the material that is claimed to be infringing or the subject of infringing activity that is on the COMPANY site and provide the URL of the website page on which the material may be found.
3.    Identify material claimed to be infringed and provide copies so that we can review these materials. If displayed online, please provide a description and the URL where the material(s) may be found.
4.    Identification of the copyrighted work claimed to have been infringed or multiple copyrighted works at a single online site are covered by a single notification, and a representative list of such works at that site; 
5.    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; 
6.    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted; 
7.    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;
8.    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.

Counter-Notice
If you believe your material is non-infringing, or that your material should not be removed or access to your material should not be disabled, you may submit a counter-notice containing the following information to the Company:
1.    Your physical signature,
2.    Identification of the removed material, or to which access was disabled, and the location of the content before it was removed or disabled (your company site),
3.    A statement that you have a good faith belief that the material was removed or disabled due to mistake or misidentification, and
4.    Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of the federal court in Fairfield County, Connecticut and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, the Company may notify the original complaining party that the Company may make the removed material accessible once again unless the original complaining party files an action seeking a court order against The Company within fourteen (14) days after notification.  
The Company will terminate subscribers, affiliates, members, or users who are determined to be infringers.

Misrepresentations and Falsifications
The Company will prosecute any person who knowingly misrepresents or falsifies any complaint or provides false information.  Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability under Section 512(f) of the U.S. Copyright Act.

Complete Agreement
These Terms of Use, including our Privacy Policy and Social Media Policy, constitute the entire agreement between you and The Company regarding the Site and supersedes any and all other terms, representations, promises or discussions. Only the Company has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by the Company.

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail - Refer to our Contact Us page.

Severability
If any provision of these “Terms of Condition and Use” be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


PREPPYDOM, LLC MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
MAY 1, 2013




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