Terms and Conditions
Terms & Conditions
Effective Date: 10/21/11
While there are no limits to what our generation of girls can achieve, there are some boundaries we believe everyone should respect.
OGdolls.com, and any subdomain or other webpage on which these Terms and Conditions are posted (the “Website”), is provided by Battat, Incorporated, and its related parent, subsidiary, and affiliate companies (collectively, “Battat,” “We,” “Us,” and variations thereof). IF YOU WANT TO USE THIS WEBSITE, then carefully read these Terms and Conditions, as it constitutes a written agreement between you (or you and your parent/legal guardian) and Battat. Each time you access and/or use the Website (other than to simply read these Terms and Conditions), you agree to be bound by and comply with all of the terms of these Terms and Conditions. Therefore, do not use the Website if you do not agree to all of the terms of these Terms and Conditions.
IF YOU'RE UNDER THE AGE OF MAJORITY (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Website. For this reason, it is important for your parent/legal guardian to be aware of your online activities, including the websites (this Website and others) that you visit. You should make your parent/legal guardian aware that you are using the Website – as these Terms and Conditions and your use of the Website affect their legal rights and obligations.
Anyone who uses our site shall abide by all applicable federal, state and/or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity (not you, of course), indecency, and copyright or trademark infringement ("Applicable Law") – and inappropriateness as we determine it.
I.Website Content, Ownership, Limited License, and Rights of Others
This Website contains materials and other items relating to Battat, its products and services, and similar items from our partners, friends and other third parties. These materials may be in the form of any or all of the following : (i) information, text, data, images, graphics, illustrations, photographs, audio clips, music, sounds, pictures, videos, information, files, scripts, designs, button icons, instructions, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Website, and the compilation, assembly, and arrangement of the materials of the Website, and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Battat (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content"). In using this Website, you must respect the intellectual property rights of Battat and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws.
The Website, and all Content included therein, is either owned or used with permission by Battat. Battat disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Battat.
C. Limited License.
Subject to your strict compliance with these Terms and Conditions, Battat grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Website explicitly for you for use as part of your User-Generated Content (defined in Section II below), but only for such purposes as may be explicitly stated at the time that the Content made available on the Website. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Battat's sole discretion, and without advance notice or liability.
D. Rights of Others.
In using the Website, you must respect the intellectual property and other rights of Battat and others. 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. Battat 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 the Website, then please see Section 5 below.
E. Reservation of Rights.
These Terms and Conditions include only narrow, limited grants of rights to you to the Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Battat and its licensors and other third parties. Any unauthorized use of any Content or the Website for any purpose is prohibited.
II.Content You Submit and Community Usage Rules
A. User-Generated Content.
Battat may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "User-Generated Content"). Battat may do this through blogs, Internet-based creation tools, social networking environments, email, and other forms of communications and/or interactive functionality.
If you are a minor in your state of residence, you must have your parent/legal guardian’s permission to submit User-Generated Content. We reserve the right to request at any time proof of the permissions referred to in this Section II in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Website.
2. Grant of Rights in User-Generated Content
By submitting any User-Generated Content, you grant to Battat a non-exclusive, unlimited, unrestricted, worldwide, perpetual, transferable, sublicensable right to use, copy, store, edit, modify, transcode, transcribe, translate, reformat, perform, display, publish, distribute, transmit, sell, make derivative works from, and otherwise exploit your User-Generated Content for any purpose whatsoever (commercial or non-commercial), in any media now known or later invented, and to advertise and promote the same, without any compensation to you or any obligation on Battat to notify you or obtain your approval. In addition to this basic grant of license, you may at times be asked to grant additional rights to Battat, in which event both grants of rights shall apply to you. In the event of a direct conflict between a specific grant of rights and the general grant of rights, which cannot be resolved through reasonable interpretation, the general grant of rights described above shall control.
3. Non-Confidentiality of Your User-Generated Content
4. Battat's Exclusive Right to Manage All User-Generated Content
Battat may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Battat may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. Battat reserves the right to treat User-Generated Content on the Website as content stored at the direction of users for which Battat will not exercise control except to block or remove content that comes to Battat's attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to Battat, or to enforce the rights of third parties or the content restrictions set forth below in the Community Rules (defined in Section II.B below) when notice of their violation comes to Battat's attention. Such User-Generated Content submitted by you or others need not, however, be maintained on the Website by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Website.
5. Representations and Warranties Related to Your User-Generated Content
Each time you submit any User-Generated Content, you represent and warrant that (i) you are at least the age of majority in the state in which you reside, or you are the parent/legal guardian of a minor who has created certain User-Generated Content that you wish to submit to the Website; (ii) you and/or your child are the sole author(s) and owner(s) of the intellectual property and other rights to the User Generated Content;(iii) he User-Generated Content is accurate; (iv) the User-Generated Content does not and, as to Battat's permitted uses and exploitation set forth in these Terms and Conditions, will not infringe any intellectual property or other right of any third party; and (iv) the User-Generated Content will not violate these Terms and Conditions (including the Community Rules), or cause injury or harm to any person.
You are responsible for the content of any information you put on OGdolls.com. Battat has no obligation to monitor or control any information that is or becomes available on OGdolls.com. Battat reserves the right to review any information that is or becomes available on the site and reserves the right to refuse to post or to remove any information that is, in Battat’s sole discretion, unacceptable, undesirable or inappropriate – as we determine – or in violation of these rules.
Battat has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Battat's cost and expense, to which you hereby consent and irrevocably appoint Battat as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Rules.
As a user of the Website, these Community Rules ("Community Rules") are here to help you understand the conduct that is expected of members of the Website. Your use of the Website, and your submission of User-Generated Content, is subject to the following Community Rules:
Act Appropriately. You must not do any of the following, as Battat deems this to be inappropriate use of the Website and your ability to submit User-Generated Content:
• Feature material in User-Generated Content that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• Act in any way that is, in our opinion, inappropriate, indecent, obscene, harrassing, hateful, tortious, defamatory, slanderous or libelous (or is capable of being interpreted as any of the above);
• Act in any way that, in our opinion, promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age (or is capable of being interpreted as doing any of the above); or
• Contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.
The above rules apply to anything you submit as User-Generated Content as well as your general use of the Website.
Be Yourself; Don’t Be Someone Else. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
Privacy Is Important. Please remember that the Website is a public forum and User-Generated Content that you submit on the Website may be accessible and viewable by other users. Do not submit personally identifiable information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) through User-Generated Content and take care when disclosing this type of information to others (whether on the Website or in any other fashion).
Don't Share Other People's Personal Information. Your User-Generated Content must not reveal another person's address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless , and in the form and by the method, specifically requested by Battat.
III.Website and Content Use Restrictions
When using the website in any way, you agree that you will not:
(a) act in any way that violates the Community Rules;
(b) reverse engineer, decompile, disassemble, reverse assemble, or modify any Website source or object code or any software or other products, services, or processes accessible through any portion of the Website;
(c) engage in any activity that interferes with a user's access to the Website or the proper operation of the Website, or otherwise causes harm to the Website, Battat, or other users of the Website;
(d) interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of or access to the Website, the Content, or the User-Generated Content;
(e) monitor, gather, copy, or distribute Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Website by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
(f) frame or utilize framing techniques to enclose any Content (including any images, text, or page layout);
(g) use the Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands;
(h) make any modifications to the Content (other than to the extent of your permitted use of your User-Generated Content, if applicable);
(i) modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms and Conditions or with the prior written consent of an officer of Battat;
(j) post, transmit, insert, or make available any code or programming, including without limitation a computer virus, Trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"), that can to manipulate the Content or the Website in any way that would adversely affects any user experience; or
(k) otherwise violate these Terms and Conditions.
IV.Links/Store Locator/Other Tools
From time to time our site will connect users to other sites. We always do our best to connect only with sites that live up to our standards of ethics and good taste; however, we cannot be responsible for content on sites outside of our own.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Website (including on or via linked websites or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Battat disclaims all liability in connection therewith.
B. Store Locator.
To the best of our ability we maintain information on retailers who carry our products. Most or all of this information is provided by our retailers, who are responsible for its accuracy. In all cases we recommend that you contact the retailer directly to inquire about the availability of specific products.
V.Communicating with Battat
A. Privacy of Such Communications.
You are cautioned that any online communication may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should also be aware that some administrative personnel of Battat might, in the course of their regular duties, have access to communications for technical or operational purposes. Battat may also disclose any communications to the extent permitted or required by law.
B. Communications about Infringing User-Generated Content.
Battat expressly disclaims any and all liability in connection with User-Generated Content submitted to the Website. Battat does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Battat will remove all submissions if properly notified that such submission infringes on another's intellectual property rights. Battat reserves the right to remove submissions without prior notice. Battat will also terminate a person's access to the Website if that person is determined to be, in the sole discretion of Battat, a repeat infringer.
If you are a copyright owner or an agent thereof and believe that any submission or other content infringes upon your copyrights, you may submit a notification at OGdolls@battatco.com or at Battat, Incorporated, 1560 Military Turnpike, Plattsburgh, NY 12901.
C. Unsolicited Ideas and Materials Prohibited.
Battat does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, or designs for toys, games, dolls, videogames, books, scripts, screenplays, motion pictures, television shows, theatrical productions, music productions, or webisodes (collectively, "Unsolicited Ideas and Materials"). Therefore, you must not send to Battat (even within any of your User-Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Website are deemed User-Generated Content and licensed to us as set forth above.
If you send us any of your Unsolicited Ideas and Materials despite our request that you not do so, it's likely they're identical or substantially similar to ideas, concepts, and materials that, in the past, were developed by our staff or submitted to us by others. Likewise, in the future we may, without any reference to any of your Unsolicited Ideas and Materials, develop or receive from others ideas, concepts, and materials that are identical or substantially similar to your Unsolicited Ideas and Materials.
Battat's receipt of your Unsolicited Ideas and Materials is not an admission by Battat of their novelty, priority, or originality, and it does not impair Battat's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
D. No Confidential or Special Relationship With Battat.
VI.Liability Limitations; Waiver of Injunctive or Equitable Relief
A. Limitation of Liability
Battat is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors or omissions arising out of your use of this site or with respect to the information and material contained on this site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. To the fullest extent permissible pursuant to applicable law, Battat and their respective officers, directors, employees, agents, licensors, representatives and third-party providers to the site will not be liable for damages of any kind, including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages that may result from the use of, or the inability to use the materials contained on this site, whether the material is provided or otherwise supplied by Battat or any third party.
Notwithstanding the foregoing, in no event shall Battat’s liability to you for any and all claims, damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this site.
B. Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER-GENERATED CONTENT, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY BATTAT (INCLUDING YOUR USER-GENERATED CONTENT) OR A LICENSOR OF BATTAT.
A. Updates to these Terms and Conditions.
Battat reserves the right to modify these Terms and Conditions, at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and Conditions on a regular and frequent basis. The Updated Terms will be effective as of the time that Battat posts them on the home page of the Website, or such later date as may be specified in them.
B. Dispute Resolution
These Terms and Conditions will be governed by and construed in accordance with the laws of New York State without regard to its conflicts of law provisions.
You agree to, and you hereby, defend, indemnify, and hold harmless Battat, its parent, subsidiary, and affiliate companies, its licensors, its agents, its vendors, and all officers, directors, and employees of any of the above (collectively, the “Released Parties”) from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including reasonable attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User-Generated Content; (ii) your use of the Website and your activities in connection with the Website; (iii) your breach or anticipatory breach of these Terms and Conditions; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use of the Website or your activities in connection with the Websites; (v) information or material submitted by your or at your direction or encouragement that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you, whether express or implied; and (vii) Released Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by the Released Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, the Released Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Released Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Party.
D. Severability; Interpretation.
If any provision of these Terms and Conditions is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word "including" is used in these Terms and Conditions, the word will be deemed to mean "including, without limitation,".
E. Investigations; Cooperation with Law Enforcement
F. Termination of these Terms and Conditions; Website Discontinuance.
Battat reserves the right to discontinue the Website, in whole or in part, at any time, for any reason and may suspend or terminate your access to it, in whole or in part, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension of the Website or termination of your access thereto will not affect your obligations to Battat under these Terms and Conditions. Upon suspension of the Website or termination of your access to the Website, or upon notice from Battat, all rights granted to you under these Terms and Conditions will cease immediately, and you agree that you will immediately discontinue use of the Website. The provisions of these Terms and Conditions, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Battat in these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and other similar provisions.
Battat may assign its rights and obligations under these Terms and Conditions, in whole or in part, to any party at any time without any notice. These Terms and Conditions may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Battat.
H. No Waiver.
Except as expressly set forth in these Terms and Conditions (i) no failure or delay by you or Battat in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Still reading? Wow, we won’t be surprised if you become a lawyer when you’re older. Or someone who is responsible for writing Internet legal copy. But whatever you set your mind to, we're sure you'll achieve it. Speaking of which, we thank you for setting your sights on our site.