Last Modified: July 19, 2014
Terms and Conditions
1. Agreement between user and Note to You Little Sister (“NTYLS”).
Welcome to Note to You Little Sister! These terms & conditions (“Terms”) govern and apply to anyone accessing or using the website located at www.ntyls.com , www.notetoyoulilsis.com , mobile application(s), blog(s) and any other website(s) owned and/or operated by Note to You Little Sister or its owners (including any of its subsidiaries or corporate affiliates, collectively, “Note to You Little Sister,” “NTYLS,” “we,” “us,” or “our”) and any of their associated web pages (collectively, our “Services”).
NTYLS (www.ntyls.com, www.notetoyoulilsis.com) is comprised of various web pages operated by Note to You Little Sister ("NTYLS"). Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Services, including, but not limited to, visiting or browsing the website, contributing content, submitting a question or other materials to the website, constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Please take some time to review these Terms for our Services. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.
2. Access To and Use of the Services
Unless authorized in writing by NTYLS, you may use the Services solely for your personal and non-commercial use. You agree to only access or use the Services solely for legal purposes as allowed by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Services;
- hack into the Services or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Services;
- damage or disable the Services;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws)
- No one under 13 is allowed to create an account or use this Website and/or its Services
NTYLS is an online fashion retailer and entertainment site that gives tough love advice, but is not limited to, love, life, family, sex, pop culture, dating, work, education, style, beauty, fashion and anything that impacts our modern lives. NTYLS are not therapists or medical providers, no express that we are. We accept questions from our readers and answer them at our own discretion. Services include, but are not limited to a retail section, advice section (on a variety of topics listed above), blog section and a portion of the site that lets readers ask their own questions.
4. Not Professional Advice; This Site is for Informational Purposes Only and Does Not Provide Medical, Financial, Legal or Psychological Advice.
The Site may offer health, relationship, marriage, sex, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Site or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the information contained in the Sites or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the website or Services. If you rely on any of the information provided by this website or the Services, our employees, owners, or guests or visitors to the website, you do so solely at your own risk.
5. ASK A QUESTION (“SUBMISSION”) SUBMISSION RULES AND PROCEDURES
Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) "ASK A QUESTION" Submission Rules and Procedures (“Rules and Procedures”) are subject to change at any time at the sole discretion of Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) or it's owners ("Owners"). Your Submission (as defined below), is bound by and agree to these Rules and Procedures. Void where prohibited by law. All federal, state and local laws and regulations apply.
Acknowledgements and Releases: You understand that your use of the Services, the participation of others in the Services may relate to highly personal topics such as love, relationships, dating, sex, career path, friends, family, finances and many more sensitive or personal topics. These topics may be embarrassing, inflammatory, or unfavorable in nature. The responses, answers, replies or discussions by the Owners, Participants or Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) may embarrass you unintentionally, may expose you to public ridicule or negative feedback, humiliation or condemnation. You acknowledge that your participation in the site may contain explicit references to sex, anatomy, gender, sexual orientation, and other topics that could be considered offensive, private, taboo or embarrassing. By submitting the Submission, you are freely and knowingly consenting to participating in situations that expose you to such topics and you hereby acknowledge and agree that you do not object to being exposed to such speech. You acknowledge that you may discuss topics related to your love life, career, relationships, sex, style, personal fashion and other personal and private matters on the website and you expressly consent to discussing such topics. You acknowledge and agree that Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM), Owners and any entity that sponsors, advertises in, exhibits or otherwise exploits the Site or any other production, and any of their licensees, successors and assigns, shall have the right (but not the obligation) to include any such information contained in your Submission on the website or in any other exhibition or exploitation of the website, and in any and all advertisements, promotions, and publicity for the website.
Additionally, directly or through others (including, without limitation, the owners, contributors, editors, other participants, and/or any guests on the website), may provide advice and/or suggestions to you and/or about others regarding topics related to your love life, career, relationships, sex, personal style, personal speech, and other personal and private matters. You acknowledge that there are no warranties or guarantees of any kind from anyone (including, without limitation, Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) and/or the site owner, editors, contributors, other participants and any co-host or guest on the website) regarding such advice and/or suggestions and that you assume all risk in choosing to follow or act upon such suggestions and/or advice (if at all). YOU ACKNOWLEDGE THAT NEITHER THE OWNERS NOR ANY CONTRIBUTORS, CO-HOSTS, EXPERTS, FEATURED WRITERS, FEATURED ARTICLE AUTHORS ARE A MEDICAL PROFESSIONAL OR LICENSED THERAPIST AND THAT ANY ADVICE THEY PROVIDE IS FOR ENTERTAINMENT PURPOSES ONLY. Any reliance by you on advice or suggestions provided to you in connection with the website shall be at your own risk. Further, you acknowledge that there are no warranties or guarantees of any kind from anyone (including, without limitation, Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) and/or the owner, editors, contributors, other participants and any co-host or guest contributor on the website) regarding such advice and/or suggestions and you assume all risks (including, but not limited to, loss of employment, loss of consortium, invasion of privacy, negative effects on personal relationships, public ridicule and/or condemnation and any other risks) in the event that you or any other individual or entity chooses to follow or act upon or react to such suggestions and/or advice (if at all).
You assume all liability for any injury or damages caused or claimed to be caused by your Submission, and you agree to indemnify, release and hold harmless Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) owner, editors, contributors, any co-host, sponsor(s), if any, and each of their respective parents, subsidiaries, affiliates, successors, licensees and assigns, and their officers, directors, agents, equity holders and employees (“Released Parties”) from any and all claims, actions, damages, losses, liabilities, costs, expenses (including, without limitation, attorneys’ fees), injuries or causes of action whatsoever that in any way are caused by, arise out of or result from, your creation and submission of the Submission, the inclusion of the Submission on the website, or the advertisements, or the exhibition of the website, or the posting of the Submission on the Internet, the use of your Submission or any works derived from your Submission by the Released Parties, on any legal theory whatsoever, including without limitation, a claim for idea misappropriation, invasion of privacy and publicity, false light, personal injury, loss of employment, loss of consortium, or defamation. Released Parties assume(s) no responsibility for any injury or damage to you as the result of submitting your Submission, or to any person's computer or mobile phone relating to or resulting from entering or downloading materials or software in connection with submitting a Submission. Released Parties are not responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of Submission, or for Submissions that are stolen, misdirected, garbled, delayed by computer or telephonic transmissions, lost, late, or damaged.
By submitting the Submission, you acknowledge that you understand and agree to abide by these Submission Rules and Procedures, or any other rules or guidelines as Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) the owner may promulgate (either in written form or verbally) in connection with your participation in the site (if any).
6. Disclosure Policy
Your use of www.notetoyoulilsis.com is subject to NTYLS's Disclosure Policy. Please review our Disclosure Policy.
7. Electronic Communications
Visiting www.notetoyoulilsis.com, www.ntyls.com or sending emails to NTYLS and its owners, editors, contributors, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
8. Links to third party sites/Third party services
NTYLS may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NTYLS and NTYLS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NTYLS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NTYLS of the site or any association with its operators.
Certain services made available via www.notetoyoulilsis.com or www.ntyls.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.notetoyoulilsis.com domain, you hereby acknowledge and consent that NTYLS may share such information and data with any third party with whom NTYLS has a contractual relationship to provide the requested product, service or functionality on behalf of NTYLS’s users and customers.
9. No unlawful or prohibited use/Intellectual Property
The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, graphics, logos, displays, images, video and audio, and the design, selection, complication and arrangement thereof) that appears as part of or on the Services are the property of NTYLS and/or a third party (which may be indicated by a link to or from an external source, or otherwise), and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall NTYLS be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Services.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NTYLS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NTYLS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NTYLS or our licensors except as expressly authorized by these Terms.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Services are owned by NTYLS and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. NTYLS reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on NTYLS in any way except to the extent that it is specifically indicated to be so.
We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT NTYLS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.
Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by NTYLS, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Services.
11. User-Generated Content
By Submitting User Generated Content to the Services, you grant, and you represent and warrant that you have the right to grant, to NTYLS, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing NTYLS or a third party to post User Generated Content to any public area of the Services, you grant NTYLS all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Services to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.
In the event that you do not wish for NTYLS to use your User Generated Content, please do not Submit such User Generated Content to the Services. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of NTYLS, and NTYLS makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. NTYLS reserves the right to remove any User Generated Content from the Services at any time and for any reason.
12. Personal, Business, and Non-Commercial Use Limitation of the Content and Services
You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.
13. Unauthorized Use of the Website
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services.
You agree that you shall not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Services, including, but not limited to, unauthorized framing of or linking to the Services or unauthorized use of any robot, spider, or other automated device on the Services, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
14. Terms of Sale; Risk of Loss
By placing an order with NTYLS, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute NTYLS's acceptance of an order. We retain the right to refuse any request made by you.
Prior to NTYLS's acceptance of an order, verification of information may be required. NTYLS reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from NTYLS, for any reason whatsoever. NTYLS reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, NTYLS shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, NTYLS shall credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
The risk of loss for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.
15. Sweepstakes, Contests and Games.
Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) conducts a sweepstake, contest, or game on the Sites, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
16. Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, comment sections, reviews, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
NTYLS has no obligation to monitor the Communication Services. However, NTYLS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NTYLS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
NTYLS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NTYLS's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NTYLS does not control or endorse the content, messages or information found in any Communication Service and, therefore, NTYLS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NTYLS spokespersons, and their views do not necessarily reflect those of NTYLS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
17. No endorsements
Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM), does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) ,endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM).
18. Materials provided NTYLS
NTYLS does not claim ownership of the materials you provide to Note to You Little Sister “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) (including feedback and suggestions) or post, upload, input or submit to any NTYLS Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NTYLS, our affiliated companies and necessary sublicensees permission to use your materials in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials; and to publish your materials, name and any additional information for profit.
No compensation will be paid with respect to the use of your materials, as provided herein. NTYLS is under no obligation to post or use any Submission or materials you may provide and may remove any Submission or materials at any time in NTYLS's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission or materials you warrant and represent that you own or otherwise control all of the rights to your Submission or materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions or materials.
19. Third Party Accounts
You will be able to connect your NTYLS account to third party accounts. By connecting your NTYLS account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
20. International Users
The Service is controlled, operated and administered by NTYLS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NTYLS Content accessed through www.notetoyoulilsis.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless NTYLS, its owners, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NTYLS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NTYLS in asserting any available defenses.
22. Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NOTE TO YOU LITTLE SISTER “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) /OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NOTE TO YOU LITTLE SISTER “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, OPERATION, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, CONTENT, MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
NOTE TO YOU LITTLE SISTER “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTE TO YOU LITTLE SISTER “NTYLS” (NOTETOYOULILSIS.COM; NTYLS.COM) DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NOTETOYOULILSIS.COM (NOTE TO YOU LITTLE SISTER) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
23. Termination/access restriction
NTYLS reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
NTYLS reserves the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, NTYLS will notify you by posting the revised Terms on the Services or notifying you through the Services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not use or access any part of the Services. In the event of termination of the Services, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. NTYLS shall not be liable to you or any third-party for any termination of your access to the Services or any portion thereof.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NTYLS as a result of this agreement or use of the Site. NTYLS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NTYLS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NTYLS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NTYLS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NTYLS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
24. No Endorsements
NOTETOYOULILSIS.COM (NOTE TO YOU LITTLE SISTER), does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does NOTETOYOULILSIS.COM (NOTE TO YOU LITTLE SISTER), endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of NOTETOYOULILSIS.COM (NOTE TO YOU LITTLE SISTER).
25. Law and Jurisdiction
These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Diego, California, U.S.A., for all disputes arising out of or relating to accessing or using this Services. Access to or use of this Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and NTYLS as a result of these Terms or use of the Services.
If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. NTYLS’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of NTYLS’s right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services.
26. Changes to Terms
NTYLS reserves the right, in its sole discretion, to update, change, modify or otherwise alter the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. NTYLS encourages you to periodically review the Terms to stay informed of our updates.
If any changes are made to these Terms, NTYLS will notify you by posting the revised Terms on the website (www.notetoyoulilsis.com and/or www.ntyls.com ) ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not use or access any part of the Services.
NTYLS may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.
Although NTYLS cannot monitor the conduct of its users of this Services, it is a violation of these Terms to use any information obtained from our Services in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
27. Violation of These Terms
You agree that monetary damages may not provide a sufficient remedy to NTYLS for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.
If you see objectionable content or have any questions about these Terms, please contact NTYLS via the contact info below.
© Note to You Little Sister (NTYLS). 2010-2014, all rights reserved.
All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by NTYLS, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of NTYLS. Any rights not expressly granted herein are reserved by NTYLS.
30. Contact Us
NTYLS welcomes your questions or comments regarding the Terms:
Note to You Little Sister
Email address: firstname.lastname@example.org
Last Modified: July 19, 2014