TERMS AND CONDITIONS OF WEBSITE USE

Date:  May 18, 2009
This Website MyGiftedgirl.com is provided by Marie & Rose LLC., Inc., and its affiliates and subsidiaries (collectively referred to herein as "Marie & Rose LLC." or "we,” “us,” “our” or other similar pronouns). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred to or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.

PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.

1. Right to Use this Website
Marie & Rose LLC. grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Marie & Rose LLC. and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Marie & Rose LLC. and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

2. Copyrights
All Content is copyrighted, and it is either owned or used with permission by Marie & Rose LLC.. Marie & Rose LLC. disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of Marie & Rose LLC. or third parties not owned by or affiliated with Marie & Rose LLC..
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
Marie & Rose LLC. respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.

3. Trademarks
The trademarks, logos, and service marks displayed on this Website are owned by Marie & Rose LLC. and third parties, and this Website's trade dress is owned by Marie & Rose LLC. (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by Marie & Rose LLC. are the property of their respective owners, and are used by Marie & Rose LLC. with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark without the express written permission of Marie & Rose LLC. or the third party rights holder.

4. User Information
In the course of your use of the Website, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Website’s Privacy Policy which is hereby incorporated into this User Agreement by this reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

5. Your Communications to Marie & Rose LLC.; Marie & Rose LLC. Rights to Your Submissions
Marie & Rose LLC. likes to hear from you. However, in your communications with Marie & Rose LLC., please keep in mind that, unless Marie & Rose LLC. specifically requests them, Marie & Rose LLC. does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way, and Marie & Rose LLC. does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to Marie & Rose LLC. any unsolicited materials, such as ideas for toys, games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted by you to Marie & Rose LLC. via this Website or by fax, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Marie & Rose LLC. will not assume any responsibility, obligation, or liability for them or for Marie & Rose LLC.'s receipt or non-receipt of them. Marie & Rose LLC. may delete or destroy Your Submissions at any time. Marie & Rose LLC.'s receipt of Your Submissions is not an admission by Marie & Rose LLC. of their novelty, priority, or originality, and it does not impair Marie & Rose LLC.'s right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to Marie & Rose LLC., you grant Marie & Rose LLC. a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Marie & Rose LLC. in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Website or otherwise, satisfy any legal requirement that such communications be in writing.

6. Online Shopping
This Website and other Marie & Rose LLC. websites may offer online capabilities to purchase products (such as toys, logo items, books etc.) and services (such as memberships). You must be 18 years of age or older to make any such purchases. If we do make available online stores on this Website, such online stores may provide more information on delivery, returns, and other sales policies. As to products and services that may be featured on this Website, please note that we make every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. Certain products or services that may, from time to time, be featured on or through this Website may be subject to additional terms and conditions, which may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement. Some e-commerce transactions made available through Marie & Rose LLC. websites may be handled by third party vendors through their websites. You should be sure to review the terms and conditions and privacy policies of all third party websites before providing any personal information or engaging in transactions through those sites.

A. No Purchases by Minors
By ordering a product or service online from Marie & Rose LLC., you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from Marie & Rose LLC. without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order. We may offer enhanced services available to children under 13 on a subscription basis. Participation in subscription services or community features by teens 13 and older may also require registration by a parent or guardian. In such cases, a parent must register for the service and establish the appropriate permission level for the child. Content and activities available to you or your child may vary depending on the subscription and site. Parents will be provided with information on the type of content and activities their child may access at the time they subscribe and are always in charge of their child’s account. Subscription fees may apply for some services.

B. Taxes
By ordering a product or service online from Marie & Rose LLC., you agree that you are responsible for paying all applicable sales, use, and other similar taxes.
C. Shipping and Processing; Insurance
You are also responsible for paying all shipping and processing charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.
D. Returns and Warranties
Please review the information available at our online stores regarding our return policies and warranty information.

7. Use Restrictions
You agree that, while accessing or using this Website, you will not:

  • use this Website for any commercial, promotional or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products or services);
  • monitor, gather, obtain, use, access or copy Content or information on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind, or any other automatic means of accessing, logging-in to or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any of the Website’s services;
  • frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout);
  • use any meta tags or any other "hidden text" utilizing any Trademarks;
  • use the Website or the services or features made available on the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
  • attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or its services, or any Content thereof, or make unauthorized use thereof; or
  • engage in any activity that interferes with another user's access to, or use or enjoyment of this Website.

8. Community Areas; Chat Services; Code of Conduct
Marie & Rose LLC. may offer various community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, unless otherwise expressly stated by Marie & Rose LLC. in connection with a particular feature, Marie & Rose LLC. will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although Marie & Rose LLC. reserves the right to do so in its sole discretion in connection with any service or feature. In particular, Marie & Rose LLC. may, in its sole discretion, record or store communications submitted by you through messages or bulletin boards, forums and chat rooms, and may monitor, filter and review such communications for the purpose of monitoring content and enforcing Website rules and to investigate and detect unauthorized use of the Website. Marie & Rose LLC. does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you submit or post to this Website, you represent and warrant to Marie & Rose LLC. that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature (for example, without limitation, the My Gifted Girl.com Rules,  or any other user rules or guidelines that may be posted on our Website), you agree that you shall not:

  • upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any content, language or materials that are fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.);
  • contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;
  • upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Website that we may expressly designate for such purposes;
  • engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
  • disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Website, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;
  • impersonate any person or entity, whether actual or fictitious, including, without limitation, a Marie & Rose LLC. official, employee or representative, or falsely state or otherwise misrepresent your affiliation or association with, sponsorship by, or connection to, any person or entity, including, without limitation, by using logos, names, trademarks, service marks, meta tags, addresses, symbols, or other identifiers that you do not have the legal right to use;
  • modify, obscure, or eliminate the Marie & Rose LLC. frame set, banner advertising, or any other content or information that originates from Marie & Rose LLC.;
  • attempt to harm minors in any way;
  • promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals. This includes, but is not limited to, providing instructions on how to assemble bombs and any other weapons, and creating Crush websites;
  • collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent;
  • interfere with or disrupt the Website or any services or features thereon, or servers or networks connected to the Website, or violate any requirements, policies, regulations, or procedures of networks connected to the Website;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • provide links to websites, networks, content, or resources that themselves violate the letter or spirit of this User Agreement, or promote the violation of this User Agreement or make available tools or information whose primary use constitutes a violation of the letter or spirit of this User Agreement;
  • use your web pages or other personal features or areas of the Website as storage for remote loading or as a door or signpost to another web page, whether inside or outside a Marie & Rose LLC. website; or
  • interfere with the operation or design of any elements that Marie & Rose LLC. may add to users' pages or other personal features or areas of the Website, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.

Marie & Rose LLC. reserves the right, in its sole discretion, to adopt and post additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Marie & Rose LLC. also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings, messages or other content on this Website that violate this User Agreement and to deny access by any user to this Website.
You may be able to create an account on our Website with a username and password. PLEASE REMEMBER TO MAKE UP A USERNAME THAT DOES NOT DISCLOSE YOUR PERSONAL IDENTITY. You are responsible for maintaining the strict confidentiality of your account password, and you shall not share your password with anyone else, nor allow others to use your username, password or other account information, except for a parent or guardian.
It is important to remember that information and content submitted to a forum, such as a chat service, may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them eventually. If you elect to participate in a chat service that enables you to correspond with other participants of such chat service, some of your account information and other materials that you provide, such as your username, may be shared with other participants of the chat service. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Website or through these chat services. Because of the anonymity provided by usernames, you may not know at all times who you are interacting with in certain chat services. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to our public forums and community features. ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE).
While using the chat services or other community features, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. To the full extent permitted by law, Marie & Rose LLC. will not be liable, and we disclaim all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Website, whether that content is posted to, downloaded from, or otherwise made available through the Website by Marie & Rose LLC., you, another user, or any other third party.
We encourage you to report to us, at service@mygiftedgirl.com, any suspected violations of this User Agreement or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features.
The community of users of some features of the Website may include moderators, many of who may not be affiliated in any way with Marie & Rose LLC. and may be users of the Website just like you. Without limiting the generality of the foregoing paragraphs, (a) if you view or participate in moderated message board(s), then you may receive content from the message board moderators, (b) Marie & Rose LLC. does not assume any obligation to review or control any content posted on the message board(s) or in chat room(s) or content from message board or chat room moderators, nor does Marie & Rose LLC., either expressly or implicitly, warrant or make any assurance about the accuracy, source, quality, or integrity of such content, and (c) to the full extent permitted by law, Marie & Rose LLC. will not be liable, and disclaims all liability, in connection with any harm, losses, and damages of any amount or type arising from your access to, or use of, such content.

9. Investigations; Cooperation with Law Enforcement; Termination
Marie & Rose LLC. reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on this Website, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, (e) delete or modify an content on this site, and (f) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. If you have purchased a subscription to any additional services, or a product that entitles you to a subscription, you will not be able to access them once your subscription expires.

10. Privacy and Security Measures
Marie & Rose LLC. may collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But Marie & Rose LLC. respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Under our Privacy Policy, we may disclose to third parties certain aggregate information contained in your registration information (if any) or related information. We won't, however, disclose personally identifiable information about you to anyone outside our corporate family, except our agents and service providers, unless: (a) you specifically authorize us to do so, (b) we believe, in good faith, that such disclosure is necessary either to comply with the law or a legal process (including subpoenas and other court orders), or to enforce this Member Agreement, or (c) it's otherwise permitted under our Privacy Policy (which we may amend from time to time, without notice to you).
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect highly sensitive information such as credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to Marie & Rose LLC. and must agree to adhere to industry-accepted best practices to safeguard personal information. Nevertheless, we cannot guarantee complete security of personal information.
Note to International Visitors: This Website and the servers that make this Website available are located in the United States and personal data you submit to us may be further transferred by us outside the U.S. or your country of residence. Most countries, including the United States, have not formally been determined to operate under specific laws deemed "adequate" by the European Union (EU) for the transfer of personal data. Marie & Rose LLC., however, respects your privacy, and will handle your personal data in accordance with our Privacy Policy. By accepting this User Agreement, you specifically acknowledge and consent to the collection, processing, transfer and use of your personal data as indicated in this User Agreement and our Privacy Policy. To update your contact information and preferences on how we contact you, or access the personal information we may hold about you, please see our Privacy Policy.

11. Disclaimers of Warranties
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES THEREON ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THIS WEBSITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THE WEBSITE AND SERVICES WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARIE & ROSE LLC. OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU. Some jurisdictions may not permit the disclaimers contained in this paragraph, so some of the disclaimers in this paragraph may not apply to you.

12. Limitation of Liability
WE WILL NOT BE LIABLE, AND WE DISCLAIM ALL LIABILITY, IN CONNECTION WITH ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) ANY USE OR INABILITY TO USE THE WEBSITE OR SERVICES THEREON; (B) 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 WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT ON THE SERVICES OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR WHO IS NOT EMPLOYED BY MARIE & ROSE LLC.); OR (E) ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTIES. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU. Some jurisdictions may not permit the limitations of liability contained in this paragraph, so some of the limitations in this paragraph may not apply to you.

13. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with Marie & Rose LLC. or cause confusion among consumers, (d) the links and related content on your site do not portray Marie & Rose LLC. or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.

14. Links on this Website to and from Other Sites
This Website may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Marie & Rose LLC.. Marie & Rose LLC. has no control over the content of Linked Sites, and Marie & Rose LLC. does not assume any obligation to review any Linked Sites. Marie & Rose LLC. does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Marie & Rose LLC. disclaims all liability in connection therewith. We require service providers and trusted vendors who operate websites on our behalf to safeguard the privacy of any personal information they handle, adhere to industry-accepted best practices to safeguard personal information, respect our intellectual property rights and the rights of third parties, and operate in accordance with all applicable requirements. Any activities you engage in connection with any Linked Site, however, are subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Marie & Rose LLC. disclaims all liability in connection therewith.

15. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from Marie & Rose LLC.’s policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). Marie & Rose LLC. disclaims all liability in connection with therewith.

16. Procedure for Alleging Copyright Infringement
Marie & Rose LLC. will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below, or other applicable laws. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:

  • (i) a legend or subject line that says: "DMCA Copyright Infringement Notice";
  • (ii) a description of the copyrighted work that you claim has been infringed;
  • (iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;
  • (iv) your address, telephone number, and e-mail address;
  • (v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
  • (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
  • (vii) your electronic or physical signature.

Marie & Rose LLC. will only receive DMCA notices by mail or e-mail at the addresses below:
By Mail: Marie & Rose LLC., Inc.
Attention: Legal & Business Affairs

By E-Mail: ip@mygiftedgirl.com

By Facsimile:
Marie & Rose LLC. may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Marie & Rose LLC. may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone Marie & Rose LLC. at 561-797-7402

17. General Provisions

A. Indemnity
You agree to indemnify, defend, and hold harmless Marie & Rose LLC. (which includes Marie & Rose LLC.'s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
B. Revisions to this Website and this User Agreement
Marie & Rose LLC. may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Marie & Rose LLC. may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
Marie & Rose LLC. controls and operates this Website from its headquarters in Boynton Beach, Florida in the United States of America, and Marie & Rose LLC. makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although Marie & Rose LLC. products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
D. Jurisdiction, Venue, and Alternative Dispute Resolution
Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and Marie & Rose LLC. will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Palm Beach County, FL and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Marie & Rose LLC. relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in Palm Beach County, Florida. Accordingly, you consent to the personal jurisdiction of the courts in Palm Beach County, Florida with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Marie & Rose LLC. to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, Marie & Rose LLC.'s operations, and/or Marie & Rose LLC.'s products or services caused by your act or failure to act.
E. Severability
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.