Privacy Policy
Terms and Conditions for The Preppy Journal
1) ACCEPTANCE AND ACKNOWLEDGMENT OF TERMS and conditions
The Preppy Journal (The Preppy Journal) provides the following service to you, subject to these terms and conditions ("Terms"). The Preppy Journal reserves the right to periodically update, alter, add, remove, or otherwise change these Terms of Service. By using this site in any manner you are agreeing to and acknowledging the Terms set forth herein. Failure to comply with the Terms may lead to immediate revocation of a user account.
2) DESCRIPTION OF The Preppy Journal
You acknowledge that The Preppy Journal is a web-based service that allows users to establish accounts through which the users can create and post online formatted text stories, post comments about other users' stories, rank other users' posts and data, post images to their private galleries, particiapte in Forums, and post links to other web sites.
3) USER INFORMATION
You agree and acknowledge that registration is required in order for a user to create an account and utilize The Preppy Journal. You agree to provide accurate, complete and current information about yourself in all required fields. Users are required to update any information submitted to The Preppy Journal, if a change occurs. The Preppy Journal reserves the right to suspend and/or terminate a user account if The Preppy Journal suspects that the submitted information is incomplete, inaccurate or misleading.
4) PRIVACY POLICY
The Preppy Journal will not give out your information to the general public. If you have questions or concerns regarding this policy, please email your questions and/or concerns to info@preppyjournal.com.
5) USER ACCOUNTS
You acknowledge that The Preppy Journal currently utilizes a tiered account structure which are available in accordance with local law, including the Children's Online Protection Privacy Act (COPPA) which restricts children under the age of 13 from registering:
6) SERVICE LIMITATIONS, MODIFICATIONS, AND TERMINATION
You agree and acknowledge that The Preppy Journal reserves the right to, temporarily or permanently, modify, or limit the Service with or without notice. The Preppy Journal shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service. The Preppy Journal may in its sole discretion, discontinue providing the Service, or any part thereof.
You agree and acknowledge that The Preppy Journal, in its sole discretion, may terminate your user account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use. Any contracts, verbal or written or assumed, in conjunction with your deleted blog, galleries, forum posts and all its parts, at The Preppy Journal's discretion, will be terminated as well. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that The Preppy Journal may immediately deactivate or delete your The Preppy Journal account and all related information and files. The Preppy Journal reserves the right to bar any further access to such files or the Service. You agree that The Preppy Journal shall not be liable to you or any third-party for any termination of your access to the Service.
7) INFORMATION ON The Preppy Journal
You agree and acknowledge that you are only permitted to use the Service as authorized and you acknowledge and agree that the Service may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. You acknowledge that all code and specifications are subject to the respective said or implied licenses.
8. PROHIBITION ON RESALE AND DUPLICATION
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion, use or access to the Service without the express consent of The Preppy Journal.
9) INDEMNITY
You agree to indemnify and hold The Preppy Journal, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, liabilities, demands, costs, including reasonable attorney fees, made by any third party due to or arising out of your use of or connection to the Service, your violation of the Terms, or your violation of any rights of another, whether you are a registered user or not. You acknowledge that you, as a user, are solely responsible for using the Service.
10) LOCAL, DOMESTIC, AND INTERNATIONAL USE
You agree to comply with all local rules and state and federal laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or your country of residence.
11) FUNDRAISERS AND ADVERTISING
You agree and acknowledge that The Preppy Journal reserves the right to conduct fundraisers on the The Preppy Journal. You agree and acknowledge that The Preppy Journal has the right to run such fundraisers with or without prior notice, and without recompense to you and that The Preppy Journal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such fundraising on the Service.
You agree and acknowledge that The Preppy Journal reserves the right to display advertising on the The Preppy Journal web site. You agree and acknowledge that The Preppy Journal has the right to run such advertising with or without prior notice, and without recompense to you and that The Preppy Journal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertising on the Service.
12) EXTERNAL SITES AND LINKS
You agree and acknowledge that the Service, or relevant third parties, may provide links to other web sites. Because The Preppy Journal has no control over such sites, you acknowledge and agree that The Preppy Journal is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You agree and acknowledge that The Preppy Journal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13) GUIDELINES FOR BLOG, FORUM and GALLERY CONTENT
You agree and acknowledge that you are responsible for all content posted to The Preppy Journal. The Preppy Journal is under no obligation to restrict or monitor blog, forum and gallery content in any way and acknowledge that that The Preppy Journal does not pre-screen content.
You agree and acknowledge that The Preppy Journal is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any blog, forum and gallery content. Should any content be deemed illegal by such law having jurisdiction over the user, The Preppy Journal is committed to submitting all necessary information to the proper authorities.
You agree and acknowledge that The Preppy Journal and its designates shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available through the Service. The Preppy Journal and its designates shall have the right to remove any content that violates the Terms or is otherwise objectionable. If any content be reported to The Preppy Journal as being offensive or inappropriate, The Preppy Journal might call upon the author to retract, modify or remove the Content in question within a reasonable amount of time, as set forth by the The Preppy Journal staff and if the author fails to meet such a request from The Preppy Journal staff, The Preppy Journal has the full authority to terminate any account holding such inappropriate content.
You agree and acknowledge that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. The Preppy Journal reserves the right to limit access to your blog, if found in violation of the Terms, by removing the blog and related user information from the user database, search engine, and all other methods used in conjunction with finding The Preppy Journal's users.
You agree and acknowledge that, within the confines of international and local law, The Preppy Journal will not place a limit on the type, or appropriateness of user content within blogs. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service and allow The Preppy Journal to delete any content deemed inappropriate, offensive, libelous, or slanderous.
You agree and acknowledge that The Preppy Journal claims no ownership or control over any content posted by its users. The user retains all patent, trademark, and copyright to all content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the The Preppy Journal staff in protecting such content.
14) USER CONDUCT
You agree and acknowledge that you are solely responsible for all content that you post or otherwise transmit. The Preppy Journal does not control nor gaurantees the validity of an content posted via the Service. By using the Service, you acknowledge that you may be exposed to content that you find offensive, indecent or objectionable. Without limitation, if content is found or reported to be in violation of the following terms, it will be The Preppy Journal's sole discretion as to what action should be taken.
15) PROHIBITED CONDUCT
You, as a user, agree to NOT use the Service to upload, post or otherwise transmit content that:
1. is in The Preppy Journal's opinion is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
2. you do not have a right to transmit under any law or under contractual or fiduciary relationships;
3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4. is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You, as a user, agree to NOT use the Service to harm minors in any way, as determined by The Preppy Journal or applicable law.
You, as a user, agree to NOT impersonate any person or entity, including, but not limited to, a The Preppy Journal staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
You, as a user, agree to NOT use the Service to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You, as a user, agree to NOT use the Service to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You, as a user, agree to NOT use the Service to stalk or otherwise harass another person or company or their representative.
You, as a user, agree to NOT use the Service to collect or store personal data about other users for business purposes or engage in commercial activities within The Preppy Journal or on behalf of The Preppy Journal without prior approval. This includes, but is not limited to, the following activities: displaying a banner that is designed to profit you or any other business or organization or provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
You, as a user, agree to NOT use the Service to promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices.
You, as a user, agree to NOT use the Service to use The Preppy Journal as a forwarding service to another website.
You, as a user, agree to NOT use the Service to allow usage by others in such a way as to violate The Preppy Journal's Terms.
If any user is reported to be in violation with the letter or spirit of these (or any other) terms, The Preppy Journal retains the right to terminate such account at any time without further warning.
16) DISCLAIMER OF WARRANTIES
YOU AGREE AND ACKNOWLEDGE THAT The Preppy Journal EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Preppy Journal MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE AND ACKNOWLEDGE THAT DOWNLOADING OR OTHERWISE OBTAINING MATERIAL THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. The Preppy Journal IS IN NO WAY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU AGREE AND ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Preppy Journal OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
17) LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT The Preppy Journal SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF The Preppy Journal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE 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; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.
18) GOVERNING LAW
You agree and acknowledge that the laws of the State of California shall govern the Terms and the relationship between you and The Preppy Journal without regard to its conflict of law provisions. You agree and acknowledge to submit to the personal and exclusive jurisdiction of the courts located within San Bruno, California. You agree and acknowledge that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose.
19) GENERAL INFORMATION
The Terms constitutes the entire agreement between you and The Preppy Journal and governs your use of the Service, superseding any prior agreements between you and The Preppy Journal. The failure of The Preppy Journal to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.