Terms Agreement


Who we are:

whatalesbian.com displays and shares content and information that are posted by users of WAL. Once posted, content and information may be shared with other users, and various content and information will be publicly viewable. With your permission, we may e-mail you content or information posted by other users. We will not, however, share your e-mail address with other users without your permission. We may sell, and you may purchase, merchandise through WAL. From time to time, we may conduct other activities or offer other services through WAL, which we will describe to you on WAL.

By "WAL" we mean the features, products, and services that we make available, including through our website at whatalesbian.com (including sub-pages) and any other WAL branded or co-branded websites (including sub-domains), whether now existing or later developed. WAL is part art project, part social experiment, and part stereotype-breaker. WAL is a division of GoCocoon LLC.

Terms Governing Your Use of WAL:

This Terms Agreement governs our relationship with you and other users of WAL. By using or accessing WAL, you agree to this Terms Agreement, as such Terms Agreement may be amended from time to time and posted on WAL.

Section 1. Our Privacy Policy

Our Privacy Policy describes how we collect and use the content and information that you provide us. We urge you to read our Privacy Policy carefully. By using or accessing WAL, we assume that you have read our Privacy Policy and understand its terms.

Section 2. Our Right to Use Your Content and Information

  1. WAL content and information is publicly accessible, unless otherwise expressly specified. By posting any content or information on WAL, you give us permission to share all such content and information with anyone who has access to WAL, and you understand and acknowledge that we have no control over what they do with it.
  2. We will not compensate you, or be liable to you, for any content or information that you make available on WAL. By posting any content or information on WAL, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use and share any content or information that you post. Our license to use your content and information ends when you request that your content and information be removed pursuant to Section 2(c) below.
  3. You may delete any content or information that you post by e-mailing us at goodbye@whatalesbian.com and requesting that your content and information be removed from WAL. For security purposes, you must e-mail us from the e-mail address associated with your content and information for which your deletion request relates. For example, if you originally posted your content and information specifying an e-mail address abc@gmail.com, you must e-mail us from abc@gmail.com if you wish to instruct that any content and/or information related to abc@gmail.com be deleted. We will endeavor to delete all content and information related to that e-mail address promptly, and in any event within 4 weeks, after receipt of your request. Thereafter, our license to use your content and information associated with that e-mail address ends, and your content and information will no longer be available to others who have access to WAL. However, we will have no control over your content and information that has been shared with others prior to its removal from WAL. You also understand that removed content and information may persist in backup copies for a reasonable period of time, but will not be available to others.
  4. We are under no obligation to publish any content or information that you post on WAL, and we can remove any content or information you post on WAL at any time, if we believe that your content or information infringes on someone else´s copyright or trademark or violates this Terms Agreement.

Section 3. Your Commitments to Us

In accessing WAL, you agree to the following:

  1. By posting any content or information on WAL, you certify that you are at least 18 years old. If you are under the age of 18, and you wish to make any purchase through WAL, you may make payments through WAL only with the involvement of a parent or guardian. You should review this Terms Agreement with a parent or guardian to make sure that you both understand them.
  2. You will not post content or information under an e-mail address belonging to someone else.
  3. You will not post unauthorized commercial communications (such as spam), or engage in unlawful marketing (such as pyramid schemes) on WAL. You will not post content or information that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. You will not use WAL to do anything unlawful, misleading, malicious, or discriminatory. You will not post any content or information or take any action on WAL that infringes or violates someone else's rights or otherwise violates the law. You will not post anyone's identification documents or sensitive financial information on WAL. You will not post or otherwise upload viruses or other malicious code on WAL.
  4. You will not collect other users' content or information, or otherwise access WAL, using automated means (such as harvesting bots, robots, spiders, or scrapers).
  5. You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
  6. You will not facilitate or encourage any violations of this Terms Agreement.

Section 4. Payment for Merchandise; Quality of Merchandise

  1. When you confirm any purchase order for any merchandise through WAL, you agree to be bound by and pay for that transaction. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.
  2. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as print specifications). Those additional terms will also govern that transaction.
  3. Don't commit to a transaction unless you are ready to pay, because all sales are final.
  4. We will endeavor to provide you product fitting the general description and images displayed on WAL. However, as with all products, general descriptions and images may vary to some degree from the actual merchandise. We will not refund you any cost of purchase of any merchandise through WAL, other than for merchandise that was delivered to you in a materially damaged condition and that is unfit for use. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
  5. We may decline to sell you customized merchandise if we believe that the customized merchandise would infringe on someone else´s copyright or trademark, or would violate this Terms Agreement.
  6. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH WAL.

Section 5. Termination

If you violate the letter or spirit of this Terms Agreement, or otherwise create possible legal exposure for us, we can stop making any or all of WAL available to you. In all such cases, this Terms Agreement shall terminate in relation to your use of WAL, but the following provisions will still apply to you: Section 6 (Governing Law), Section 7 (Definitions), and Section 8 (Other Provisions).

Section 6. Governing Law; Dispute Resolution

  1. This Terms Agreement is governed by the law of the State of New York, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions, content or information on WAL, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  3. WE ARE PROVIDING WAL "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU USE WAL AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT WAL WILL BE SAFE OR SECURE. WAL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS AGREEMENT OR WAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS TERMS AGREEMENT OR WAL WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US (INCLUDING IN CONNECTION WITH YOUR PURCHASE OF ANY MERCHANDISE THOUGH WAL) IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, WAL`S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Section 7. Definitions

  1. By "WAL" we mean the features and services we make available, including through our website at whatalesbian.com (including sub-pages) and any other WAL branded or co-branded websites (including sub-domains), whether now existing or later developed.
  2. By "us," "we" and "our" we mean GoCocoon LLC.
  3. By "content" we mean anything you post on WAL that would not be included in the definition of "information" below. This includes, but is not limited to, photographs.
  4. By "information" we mean facts and other information about you, including actions you take.
  5. By "post" we mean post or uploaded on WAL or otherwise make available to us or on WAL.
  6. By “user” we mean any person who accesses WAL, including to view any content or information made available on or through WAL, or to purchase merchandise offered through WAL, or post content or information on WAL.
  7. By ¨Terms Agreement” we mean this Terms Agreement as it may be amended from time to time and posted on WAL.

Section 8. Other Provisions

  1. This Terms Agreement constitutes the entire agreement between you and GoCocoon LLC regarding WAL, and supersedes any prior agreements.
  2. If any portion of this Terms Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of this Terms Agreement, it will not be considered a waiver. Any waiver of any provision of this Terms Agreement must be made in writing and signed by us.
  4. You will not transfer any of your rights or obligations under this Terms Agreement to anyone else without our consent.
  5. All of our rights and obligations under this Terms Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  6. Nothing in this Terms Agreement shall prevent us from complying with the law.
  7. This Terms Agreement does not confer any third party beneficiary rights.