Welcome to the Navika Girl Family!
Navika Girl reserves the right, for any reason or no reason, in its sole and exclusive discretion and without notice to you, to revise the products and services described on our Site and to terminate, suspend or discontinue any aspect of the Site. Navika Girl will not be liable to you or any third party for doing so.
Navika Girl’s Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are solely responsible for compliance with applicable laws of the country in which you are viewing the Site.
1. TRADEMARKS AND COPYRIGHTS
All content and information, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages of the Navika Girl Site (collectively the “Materials”) is owned by Navika Girl or is used with the owner’s permission and is protected by United States and international copyright laws (or any other company whose marks appear on the Site). Navika USA Inc is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or services mark appearing on the Site the (“Trademarks”), and is the copyright owner or licensee of the Materials of the Site, unless otherwise indicated. Materials on this Site may not be duplicated, copied or distributed in any way unless authorized. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. You agree not to display or use the Trademarks in any manner without Navika Girl’s prior permission. You may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials in whole or in part. You may not download or save a copy of any of the Materials for any purpose except as otherwise provided by Navika Girl. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and you may be subject to liability for such unauthorized use. The information on this Site including, without limitation, all site design, text graphics, and the selection and arrangements is protected by law, including but not limited to, copyright laws.
In addition, Navika Girl reserves all rights to stories, photographs, images and documents contained within all domain names owned by Navika Girl No material from the Site or any website owned, operated or controlled by Navika Girl may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, reprinted or duplicated in any way without the prior express written permission of Navika Girl.
2. USE OF THE SITE
When you post, upload, embed, display, communicate, feedback, text, artwork, photographs, drawings, videos, comments, suggestions ideas, feedback, including responses to any content on this Site (collectively “Submissions”), you grant Navika Girl a non-exclusive, royalty-free, perpetual and irrevocable permission to use, reproduce, modify, adapt, publish, distribute and incorporate your Submissions throughout the world in any media for any commercial or non-commercial purpose.
You acknowledge and agree that any Submissions provided by you to the Navika Girl Site are non-confidential and Navika Girl will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
3. RULES OF CONDUCT
This Site offers you the opportunity to distribute Submissions for viewing by other users, including but not limited to, a chat area, message board, instant messaging, social community environment, profile page, conversation page, blog, or email function in a public forum. You acknowledge that any Submissions posted in the public forum are for public review and are not private or confidential communications and you should have no expectations of privacy with regard to any Submissions posted to the public forum area of this Site. You are and shall remain solely responsible for the Submissions you post and/or distribute on or through the Navika Girl Site under your username or otherwise by you in the public forum area of the Site and for the consequences of submitting and posting Submissions. Navika Girl cannot guarantee the security of any information you disclose on or through the public forum area of this Site and therefore you make such disclosures at your own risk. Navika Girl has no duty to monitor any public forum area of the Site.
You should always be cautious about information provided by others and you acknowledge that the use of any Submission posted in any public forum is at your own risk. Navika Girl is not responsible for and does not endorse the opinions, advice or recommendations posted or sent by any users in any public forum and Navika Girl specifically disclaims any and all liability in connection with any Submissions. Navika Girl owes you no obligation and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
When using this Site, you agree that you will not upload, post or otherwise distribute to the Site any Submission that (i) creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (ii) is unlawful, harmful, threatening, abusive, harassing, excessively violent, defamatory, libelous vulgar, obscene, pornographic, invasive of another’s privacy, or otherwise objectionable; (iii) you do have a right to transmit, by law, contract or fiduciary relationship; (iv) presents a security risk to any person or property; (iv) infringes any third party’s intellectual property rights, privacy rights, or other personal or proprietary rights; (v) is fraudulent, false or misleading or constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes” or any other form of solicitation; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets; (vii) contains a virus or other harmful component or otherwise tampers with, impairs, or damages the Site or any connected network, or otherwise interferes with any person’s or entity’s use or enjoyment of the Site; (viii) does not generally pertain to the designated topic or theme of the relevant conversation in public forum, or violates any specific restrictions applicable to a public forum, including age restrictions and procedures, or is antisocial, disruptive or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the Internet; or (xiv) in Navika Girl’s sole judgment is objectionable or which may expose Navika Girl or its users to any harm or liability of any type.
The Navika Girl Site may contain links to third party websites. Any links are provided solely as a convenience to you. If you use these links, you will leave the Navika Girl Site and you access them at your own risk. Navika Girl does not control and is not responsible for these sites or their content. Navika Girl does not make any endorsement or representations about such sites, or any information found there, or any results that may be obtained from using them.
Also, any website that links to the Navika Girl Site, unless otherwise permitted in writing by an authorized representative of Navika Girl: (i) shall not imply, either directly or indirectly, that Navika Girl is endorsing its products or services; (ii) shall not use any of the Navika Girl Trademarks or the Trademarks of any Navika Girl licensors; (iii) shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content or material that is appropriate for all age groups; (iv) shall not disparage Navika Girl or its products in any way or otherwise negatively affect or harm Navika Girl’s reputation and goodwill; (v) shall not present false or misleading information about Navika Girl; (vi) shall not misrepresent any relationship with Navika Girl; and (vii) shall not replicate in any manner any content in this Site; and (viii) shall not create a browser or border environment around this Site material.
4. INDEMNITY AND RELEASE.
5. DISCLAIMER OF WARRANTIES
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE NAVIKA GIRL SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. NAVIKA GIRL DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST NAVIKA GIRL WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). NAVIKA GIRL MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. NAVIKA GIRL ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NAVIKA GIRL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DAMAGE TO PERSONAL PROPERTY, PERSONAL INJURY, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NAVIKA GIRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL NAVIKA GIRL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID NAVIKA GIRL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS (U.S. $100.00). IN ADDITION, UNDER NO CIRCUMSTANCES WILL NAVIKA GIRL, ITS LICENSORS OR LICENSEES, MERCHANDISERS, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR VENDORS AND SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILUER IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FOMR AN ACT OF FORCE MAJEURE OR CAUSES BEYOND NAVIKA GIRL’S OR THEIR REASONABLE CONTROL.
IN ADDITION, NAVIKA GIRL MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
7. GOVERNING LAW
8. NAVIKA GIRL COPYRIGHT COMPLAINT POLICY
Navika Girl respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should send a written notice to Navika Girl of your infringement claim in accordance with the procedure set forth below. Navika Girl will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. Upon receipt of the notice, Navika Girl will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material form the Site. All notices should be sent to Navika Girl by either email to: firstname.lastname@example.org or by mail to: Navika Girl, 6 Journey, Suite 375, Aliso Viejo, CA 92656, Attn: Copyright Notices
To be effective, your notice must be in writing and contain the following information:
- the electronic or physical signature and full legal name of the person authorized to act on behalf of the copyright or other intellectual property interest owner;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site or Service, with sufficient detail that we may find it on the Site or Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
COUNTER-NOTICE. Navika Girl may give you notice that it has removed or disable access to certain material by means of a general notice on the Site, electronic mail to a user’s email address in Navika Girl’s records, or by written communication sent by first-class mail to your physical address in Navika Girl’s records. If you receive such a notice, you may provide a counter-notice in writing to Navika Girl’s copyright agent at the address above, that includes the information set forth below. Again to be effective, the counter-notification must be a written communication that contains the following:
- your physical or electronic signature and full legal name;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within District of Delaware 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 by Navika Girl’s copyright agent, Navika Girl will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days, unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
REPEAT INFRINGER POLICY: In accordance with the DMCA and other applicable law, Navika Girl has adopted a policy of terminating, in appropriate circumstances and at Navika Girl’s sole discretion, users who are deemed to be repeat infringers. Navika Girl may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Navika Girl takes DCMA notices seriously. There are legal and financial consequences for fraudulent and/or bad faith submissions. Therefore before submitting a counter-notice, be sure that you are the actual holder of all rights of the removed content, or that you are submitting your counter-notice with a good-faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
6 Journey, Suite 375
Aliso Viejo, CA 92656