By visiting the website, A Beautiful Whim, and viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to A Beautiful Whim you agree to be bound by the following Terms and Conditions of Use. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services. You understand, agree, and acknowledge that these Terms constitute a legally binding agreement between you and A Beautiful Whim and that your use of the website shall indicate your conclusive acceptance of this agreement.
The Service is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 18. If you are under 18, you must obtain authorization from a parent or guardian to use the Service. If you have been terminated or banned, you may not use the Service. You may not infringe the copyright or comment policies of this website, attack the website using malicious software and/or data mining, or to restrict or impede access to the Service.
2. Your Content
Anything you submit to “A Beautiful Whim” is considered your content and you maintain and monitor ownership and rights. The Website is not responsible for comments posted by you or what may result once your content or comments are publicized on the Website. You assume full responsibility for all content that you own and any subsequent actions that arise as a result of your content. You may request your content to be removed from the Website and this may be considered but we are not obligated to remove your content once it is published. The Website assumes no responsibility for your content. To request content to be removed, submit your request to Abeautifulwhim@yahoo.com.
3. Our Content
We provide our content for general information purposes only. The content constitutes the opinions of its author only. Unless otherwise specified, authors are not medical professionals or certified experts in their field. You should never substitute information from this website for information obtained from a licensed professional.
All content and images published by the Service, except user-generated content and submissions, are owned solely by us. We retain all rights to our content. Any unauthorized copying, reproduction, republishing, uploading, posting, transmitting, or duplicating of any of the material is prohibited without express written permission from the Website. You are not allowed to reproduce, sell, and modify any part of this website. To obtain permission to copy portions of the website, please submit your request to Abeautifulwhim@yahoo.com
The content on the Service is, without limitation, protected under United States and international copyright laws.
5. Comments Policy
The purpose of the comments’ section is to provide an area for discussion between the author and users of the site. Comments which do not add to the conversation or topic (including, but not limited to, advertising, off-site links, and spam) may be edited or deleted. We have the right to remove any comment without notification to the author and we may not provide an explanation. Your comments must be in good taste, free of profanity, and intended to provide valuable input towards the topic. Personal attacks on the Website author, comment authors, or any entity, will be immediately deleted from the Website. Violation of the Comment Policy may result in limited or blocked access of the Website. Once you have been blocked from the website, you may not establish an alternate account or attempt to access the website from another location.
The Service may display advertisements and other information adjacent to or included with your content. We reserve the right to display advertisements with user submissions and to use user submissions for advertising and promotional purposes without any compensation to you. Advertisements and sponsorships are clearly indicated.
8. Modifications to Website
We may modify or discontinue the Service or any part thereof with or without notice to you. Your agreement to the Terms indicates your agreement that we shall not be liable to you or any third-party should we exercise our right to modify or discontinue the Website.
9. Links and Third Parties
We provide links to other websites and third-parties for your convenience only and this linkage does not imply our endorsement of such website or third-party or its contents. You agree that we are not responsible for any information, software, or materials found at any other website or third-party
10. Disclaimer of Warranties AND Limitation of Liability
THIS SECTION LIMITS THE LIABILITY OF A BEAUTIFUL WHIM AND IT’S AFFILIATES, PARTNERS, AND LICENSORS.
FEATURES, FUNCTIONALITIES, CONTENT, AND SERVICES MAY BE HOSTED, DEVELOPED, RUN BY , OR ADMINISTERED BY THIRD-PARTIES, SUCH AS OUR SERVICE PROVIDERS, INCLUDING FOR SOCIAL, FORUMS, COMMUNITIES, PHOTO GALLERIES, VIDEO GALLERIES, CHATS, BLOGS, SHOPPING AND SEARCHES. THERE MAY BE ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AND/OR AGREEMENTS BY THESE THIRD-PARTY PROVIDERS. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW THESE TERMS AND AGREEMENTS. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
YOU AGREE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. ALL SERVICES AND ACCESS TO THE WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND ON AN “AS AVAILABLE” BASIS. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from using our Website and this includes your content. Our maximum aggregate liability to you for losses or damages you suffer in connection with the Website is limited to the greater of a) an amount paid, if any, by you to us in connection to the service giving rise to liability, or b) One U.S. Dollar
ACCESS AND STORAGE OF YOUR CONTENT AND DATA IS NOT GUARANTEED. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF DATA CA– — USED BY THE SERVICE OR THEIR UNAVAILABILITY. ANY INFORMATION OBTAINED BY THE — — USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM SUCH INFORMATION.
11. Exclusions and Limitations
Depending on your jurisdiction, some of the above disclaimers and limitations may not be applicable, when a jurisdiction does not allow for the exclusion of certain limitations, exclusions, or warranties. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold us, our vendors, licensees, subsidiaries, affiliates, partners, and agents harmless from any claim or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of your beach of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claim.
13. Compliance with Local Laws
The Website is based in the United States. It is not designed or customized for any other country. You may use the Website but must comply with the laws of the country from which you are accessing the Website.
14. Choice of Law and Venue
Arizona law will govern these Terms, along with any claim, cause of action, or dispute that may arise between you and us, without regard to principles of conflict of law. For any claim brought by any party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of all state and federal courts within Maricopa County, Arizona. You are also responsible for your legal fees in the event you make a claim against us.