|
Welcome to the Internet sites of the The Twilight Gal ("TTG").
"TTG Sites" (whether in the singular or the
plural) including other Internet sites on which these
terms of use are posted. TTG and any and all entities
that control, are controlled by, or are affiliated or
under common control with, TTG are collectively referred
to herein as "we," "us" or "our".
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
ANY TTG SITE. By using any TTG Site, you signify
your agreement to these terms of use. If you do not
agree to these terms of use, you may not use the TTG
Sites. We reserve the right, in our sole discretion, to
change, modify, add or delete portions of these terms of
use at any time in accordance with the procedures set
forth below in section 15 labeled "Amendment."
2. CONSIDERATION
You acknowledge that these terms of use are supported by
reasonable and valuable consideration, the receipt and
adequacy of which are hereby acknowledged. Without
limiting the foregoing, you acknowledge that such
consideration includes, without limitation, your use of
the TTG Sites and receipt of data, materials and
information available at or through the TTG Sites, the
possibility of our review, use or display of your
Submissions (as defined below in section 4 labeled
"Submissions"), and the possibility of publicity and
promotion from our review, use or display of your
Submissions.
3. RESTRICTIONS ON USE OF MATERIALS
All information, content and materials contained on TTG
Sites are our copyrighted property or the copyrighted
property of our licensors or licensees. All trademarks,
service marks, trade names, and trade dress are
proprietary to us and/or our licensors or licensees. No
information, content or material from any TTG Site or
any Internet site owned, operated, licensed, or
controlled by us may be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way,
except that you may download one copy of the
information, content or materials on any single computer
for your personal, noncommercial home use only, provided
that (a) you keep intact all copyright and other
proprietary notices, (b) you make no modifications to
the information, content or materials, (c) you do not
use the information, content or materials in a manner
that suggests an association with any of our products,
services or brands, and (d) you do not download
information, content or materials so as to avoid future
downloads from any TTG Site. The use of any information,
content or materials on a TTG Site on any other Web site
or computer environment is prohibited.
The TTG Sites are only for your personal use. You may
not use the TTG Sites for commercial purposes or in any
way that is unlawful, or harms us or any other person or
entity, as determined in our sole discretion.
In the event that you download software from any TTG
Site, the software, including any files, images
incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software")
are licensed to you by us or third-party licensors for
your personal, noncommercial home use only. We do not
transfer title to the Software to you. You may own the
medium on which the Software resides, but we or our
third-party licensors retain full and complete title to
the Software and all intellectual property rights
therein. You may not redistribute, sell, auction,
decompile, reverse engineer, disassemble or otherwise
reduce the Software to a human-readable form. Software
from TTG Sites is further subject to United States
export controls. Without limiting the generality of the
foregoing, no software from any TTG Site may be
downloaded or otherwise exported or re-exported (a) into
(or to a national or resident of) Cuba, Libya, North
Korea, Iran, Syria, or any other country to which export
is subject to control or licensing by the U.S.; or (b)
to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or
using the Software, you represent and warrant that you
are not located in, under the control of, or a national
or resident of any such country or on any such list or
otherwise in violation of export control laws or
regulations.
4. SUBMISSIONS
We are pleased to hear from our visitors and welcome
your comments regarding our products and services.
Unfortunately, however, our long-standing company policy
does not allow us to accept or consider unsolicited
creative ideas, suggestions or materials. We hope you
will understand that it is the intent of this policy to
avoid the possibility of future misunderstandings when
projects developed by us or under the direction of us
might seem to others to be similar to their own creative
work. Please do not send us any unsolicited materials
such as ideas, concepts, pitches, treatments, formats,
characterizations and/or other similar materials ("Unsolicited
Submissions").
If, despite our request, you intentionally or
unintentionally send us Unsolicited Submissions, or
through features or activities on any TTG Site
(including, without limitation, games, sweepstakes,
contests, promotions and Public Forums (defined below in
section 6 labeled "PUBLIC FORUMS AND COMMUNICATION")),
you submit, post or otherwise send us any information,
content or materials including, without limitation,
data, text, messages, files, images, photographs,
videos, audiovisual works, musical compositions
(including lyrics), sound recordings, postings, your
and/or other persons' names, likenesses, voices,
usernames, profiles, actions, appearances, performances
and/or other biographical information or material, and
any other materials, as well as links to data, text,
files, images, photographs, videos, audiovisual works,
musical compositions (including lyrics), sound
recordings, postings, your and/or other persons' names,
likenesses, voices, usernames, profiles, actions,
appearances, performances and other biographical
information or material, web pages and any other
materials (collectively, "User-Generated Content")
through such features or activities (such User-Generated
Content, together with Unsolicited Submissions, the "Submissions"),
we (and our licensees, distributors, agents,
representatives and other authorized users)shall be
entitled to unrestricted use of such Submissions for any
purpose whatsoever, commercial or otherwise, without the
requirement of any permission from or payment to you or
to any other person or entity. If there exists any doubt
or ambiguity about whether any User-Generated Content
constitutes a Submission, such User-Generated Content
shall be conclusively deemed to be a Submission. No
Submission shall be subject to any obligation of
confidentiality on our part and we shall not be liable
for any use or disclosure of any Submission. Without
limiting the foregoing, you hereby grant us (and our
licensees, distributors, agents, representatives and
other authorized users), without the requirement of any
permission from or payment to you or to any other person
or entity, a perpetual, non-exclusive, irrevocable,
fully-paid, royalty-free, sub-licensable and
transferable worldwide license to use, re-use,
reproduce, transmit, print, publish, display, exhibit,
distribute, re-distribute, copy, host, store, cache,
archive, index, categorize, comment on, broadcast,
stream, edit, alter, modify (including, without
limitation, removing lyrics and music from any
Submission or substituting the lyrics and music in any
Submission with music and lyrics selected by us), adapt,
translate, create derivative works based upon and
publicly perform such Submissions, in whole or in part,
in all media formats and channels now known or hereafter
devised (including, without limitation, on TTG Sites, on
third party web sites, on our broadcast and cable
networks and stations, and on our broadband and wireless
platforms, products and services) for any and all
purposes including, without limitation, news,
advertising, promotional, marketing, publicity, trade or
commercial purposes, all without further notice to you
and with or without attribution (the "Submissions
License"). To the extent that we solicit Submissions
through features or activities on TTG Sites (including,
without limitation, games, sweepstakes, contests,
promotions and Public Forums (defined below in section 6
labeled "PUBLIC FORUMS AND COMMUNICATION")) that require
the use of our copyrighted works (in whole or in part),
we hereby grant you a non-exclusive license to create a
derivative work using our copyrighted works (in whole or
in part); provided however, that such license shall be
conditioned upon your assignment of all rights in the
work you create to us (and our licensees, distributors,
agents, representatives and other authorized users). If
such rights are not assigned to us (and our licensees,
distributors, agents, representatives and other
authorized users), your license to create material using
our copyrighted works (in whole or in part) shall be
null and void. You agree to the foregoing grant of
rights, consents, agreements and assignments whether or
not your Submissions are used by us.
You hereby appoint us as your agent with full power to
enter into and execute any document and/or do any act we
may consider appropriate to confirm the grant of rights,
consents, agreements, assignments and waivers set forth
in these terms of use.
You agree that any Submissions you make are not being
made in confidence or trust and that no confidential or
fiduciary relationship is intended or created between
you and us in any way. To the extent any "moral rights,"
"ancillary rights," or similar rights in or to the
Submissions exist and are not exclusively owned by us,
you agree not to enforce any such rights as to us or our
licensees, distributors, agents, representatives and
other authorized users, and you shall procure the same
agreement not to enforce from any others who may possess
such rights.
The terms of the Submissions License shall govern our
right to use all Submissions. If terms other than the
Submissions License govern the submission of, and our
right to use, User-Generated Content submitted in
connection with a particular TTG Site feature or
activity, such other terms shall be posted at the
applicable TTG Site feature or activity and shall
supersede the terms of the Submissions License; provided
however, that in such instances, all provisions of these
terms of use other than the Submissions License shall
continue to apply to such TTG Site feature or activity
(unless otherwise stated in the terms and conditions
applicable to the particular TTG Site feature or
activity).
Without limiting the scope of the Submissions License or
any future grant of rights, consents, agreements,
assignments and waivers you may make with respect to
Submissions, you hereby ratify any prior grant of
rights, consents, agreements, assignments and waivers
made by you with respect to Submissions submitted by you
to us.
5. REGISTRATION INFORMATION AND SECURITY
You agree to provide, maintain and update true,
accurate, current and complete information about
yourself as prompted by our registration processes (the
"Registration Data"). If you provide any
information that does not satisfy this provision, or we
have reasonable grounds to suspect as much, we have the
right to suspend or terminate your account and refuse
any and all current or future use of any TTG Site (or
any portion thereof).
You also agree (a) to promptly notify us at
security_breach@twilightgal.com of your username,
password, other account information, or any other breach
of security that you become aware of involving or
relating to any TTG Site. In addition, you agree to exit
from your account at the end of each session.
We explicitly disclaim liability for any and all losses
and damages arising from your failure to comply with
this section.
6. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature
offered as part of any TTG Site that enables users or
visitors of any TTG Site (a) to submit, post, display
and/or view User-Generated Content and/or (b) to
communicate, share or exchange User-Generated Content
with other TTG Site users, visitors and members of the
general public including, without limitation, a chat
area, message board, instant messaging, mobile
messaging, social community environment, profile page,
conversation page, e-mail function (including, but not
limited to, electronic greeting cards and send-a-friend
e-mails).
You acknowledge that anything you submit to a TTG Site
by way of any Public Forum may be routed through our
servers, the servers of one or more third parties on our
behalf and the Internet, and may be viewed on the
Internet by the general public and that, therefore, you
have no expectation of privacy with regard to any such
submission. You acknowledge that Public Forums and
features offered therein are for public and not private
communications. Please keep in mind that whenever you
give out personal information online, through any media,
including without limitation, a Public Forum, that
information can be collected and used by people you
don't know. We cannot guarantee the security of any
information you disclose through any of these media; you
make such disclosures at your own risk.
You are and shall remain solely responsible for the
User-Generated Content submitted and/or posted under
your username or otherwise by you in any Public Forum
and for the consequences of submitting and posting same.
You acknowledge that the use of User-Generated Content
posted in any Public Forum is at your own risk. For
example, we are not responsible for, and we do not
endorse, the opinions, advice or recommendations posted
or sent by users in any Public Forum and we specifically
disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, remove
or edit User-Generated Content at any time and for any
or no reason in our absolute and sole discretion without
prior notice, although we have no duty to do so or to
monitor any Public Forum. If we elect to screen
User-Generated Content, there may be a delay in the
posting of such content in a Public Forum to allow for a
review process. If we have questions about your
User-Generated Content including, without limitation,
the copyright, we may contact you for further
information including, for example, to verify that you
own the copyright or otherwise obtained permission to
post the material.
When participating in a Public Forum, never assume that
people are who they say they are, know what they say
they know, or are affiliated with whom they say they are
affiliated with. Information obtained in a Public Forum
may not be reliable, and it is not a good idea to take
any action, including to trade or make any investment
decisions, based solely or largely on information you
cannot confirm. We cannot be responsible for the
accuracy of any User-Generated Content contained in a
Public Forum, and we shall not be responsible for any
trading, investment, or any other decisions made or
actions taken or not taken based on such information or
content.
Your ability to access and browse User-Generated Content
within a Public Forum and/or to submit and/or post
User-Generated Content within a Public Forum may be
subject to certain age restrictions and/or related
procedures that we may revise in our sole discretion at
any time and for any reason. Any such age restrictions
and procedures will be posted within the Public Forum,
as applicable. back to top
7. HOUSE RULES
The following is a list of House Rules applicable to the
TTG Sites. By using the TTG Sites, you agree that:
1.
You will not submit, post, upload, distribute, or
otherwise make available or transmit any User-Generated
Content that: (a) is defamatory, abusive, harassing,
insulting, threatening, or that could be deemed to be
stalking or constitute an invasion of a right of privacy
of another person; (b) is bigoted, hateful, or racially
or otherwise offensive; (c) is violent, vulgar, obscene,
pornographic or otherwise sexually explicit; (d) is
illegal or encourages or advocates illegal activity or
the discussion of illegal activities with the intent to
commit them; (e) infringes or violates any right of a
third party or any domestic or international law, rule
or regulation including, but not limited to: (i)
copyright, patent, trademark, trade secret or other
proprietary or contractual rights; (ii) right of privacy
(specifically, you must not distribute another person's
personal information of any kind without their express
permission) or publicity; or (iii) any confidentiality
obligation; or (f) does not comply with all terms and
conditions applicable to the Submissions License (set
forth above in section 4 labeled "SUBMISSIONS");
2.
You own or have the necessary rights, licenses, consents
and permissions, without the need for any permission
from or payment to any other person or entity, to use,
and to authorize us to use, distribute or otherwise
exploit in all manners permitted by these terms of use
(including, without limitation, the Submissions
License), all copyrights, trademarks, patents, trade
secrets, privacy and publicity rights (including,
without limitation, names, likenesses and voices) and/or
other proprietary rights contained in any User-Generated
Content that you submit, post, upload, distribute or
otherwise make available or transmit.
3.
You will not (a) advertise or sell any products,
services or otherwise (whether or not for profit), or
solicit others (including, without limitation,
solicitations for contributions or donations) or use any
Public Forum for commercial purposes of any kind, or (b)
use any product or service available on any TTG Site
(including, without limitation, electronic greeting
cards, e-mail functions (e.g., send-a-friend e-mails)
and RSS feeds or other similar type feeds) for
commercial purposes of any kind;
4.
You will not submit, post, upload, distribute, or
otherwise make available or transmit any software or
other computer files that contain a virus or other
harmful component, or otherwise impair or damage the TTG
Sites or any connected network, or otherwise interfere
with any person or entity's use or enjoyment of the TTG
Sites;
5.
You will not impersonate any person or entity or
misrepresent your identity or affiliation with any
person or entity including, without limitation, using
another person's username, password or other account
information, or another person's name, likeness, voice,
image or photograph;
6.
You will not engage in antisocial, disruptive, or
destructive acts, including "flaming," "spamming,"
"flooding," "trolling," and "griefing" as those terms
are commonly understood and used on the Internet;
7.
You will not delete any legal notices, disclaimers or
proprietary notices such as copyright or trademark
symbols, or modify any logos that you do not own or have
express permission to modify;
8.
You will not submit, post, upload, distribute or
otherwise make available or transmit any User-Generated
Content or make statements in any Public Forum that do
not generally pertain to the designated topic or theme
of the Public Forum;
9.
You will not submit, post, upload, distribute or
otherwise make available or transmit (or attempt to
submit, post, upload, distribute or otherwise attempt to
make available or transmit) any User-Generated Content
in violation of a Public Forum's restrictions including,
but not limited to, its age restrictions, procedures
and/or these terms of use; and
10.
You will not engage in (or attempt to engage in) any
criminal activity including, without limitation, child
pornography, stalking, sexual assault, fraud,
trafficking in obscene or stolen material, drug dealing,
harassment, theft, and conspiracy to commit any criminal
activity.
We cannot and do not assure that other users are or will
be complying with the foregoing House Rules or any other
provisions of these terms of use, and, as between you
and us, you hereby assume all risk of harm or injury
resulting from any such lack of compliance.
To the extent that any feature on a TTG Site requires
you to submit your e-mail address or mobile phone number
in order to send a card, e-mail or message, you must,
and you hereby agree to, furnish your actual e-mail
address or actual mobile phone number, as applicable.
Any business use, "re-mailing," or other high-volume
application is strictly prohibited. You are not
permitted to send cards, e-mails or messages using an
automated program. Electronic greeting cards, e-mails
and mobile messages may not contain inappropriate
language or images or copyrighted material (without the
consent of the copyright holder) or encourage illegal
activity. We reserve the right not to deliver electronic
greeting cards, e-mails and mobile messages that violate
these guidelines.
WE MAY CHANGE THE TTG SITES OR DELETE CONTENT OR
FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR
NO REASON.
8. OUR CONTENT REMOVAL RIGHTS
We reserve the right, but disclaim any obligation or
responsibility, to remove any User-Generated Content
from any TTG Site (a) that violates these terms of use
(including, without limitation, the House Rules) and (b)
to comply with any subpoena, order or otherwise
cooperate with law enforcement officials regarding the
identification of any user alleged to be using a TTG
Site in violation of the law. If we deem appropriate in
our sole discretion, we reserve the right to preserve a
record of any such User-Generated Content and turn all
or a portion thereof over to law enforcement officials.
9. CONTENT LINKED TO ANY TTG SITE
You should be aware that when you are on a TTG Site, you
could be directed to other sites that are beyond our
control. There are links to other sites from pages on
TTG Sites that take you outside of our service. For
example, if you click on a banner advertisement or a
search result, the click may take you off the TTG Site.
This includes links from advertisers, sponsors and
content partners that may use our logo(s) as part of a
co-branding relationship. You acknowledge that when you
click on a link that leaves a TTG Site, the site you
will land on is not controlled by us and different terms
of use and privacy policy may apply. By clicking on
links to other sites, you acknowledge that we are not
responsible for those sites. We reserve the right to
disable links from third-party sites to any TTG Site,
although we are under no obligation to do so.
We make no representations concerning the content of
sites listed in any of our directories. Consequently, we
cannot be held responsible for the accuracy, relevancy,
copyright compliance, legality, or decency of material
contained in sites listed in our search results or
otherwise linked to a TTG Site.
10. DISCLAIMER
THE INFORMATION, CONTENT AND MATERIALS ON TTG SITES
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE
DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
INFORMATION, CONTENT AND MATERIALS ON ANY TTG SITE
(INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT)
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT ANY TTG SITE OR THE SERVERS THAT
MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF ANY INFORMATION, CONTENT,
MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED,
MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY
TO ANY TTG SITE, INCLUDING, WITHOUT LIMITATION,
USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR
SERVICES LINKED TO FROM ANY TTG SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY
OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
We explicitly disclaim any responsibility for the
accuracy, completeness or availability of information,
content and materials found on sites that link to or
from any TTG Site. We cannot ensure that you will be
satisfied with any products or services that you
purchase from a third-party site that links to or from
any TTG Site or third-party information, content or
materials contained on our sites (including, without
limitation, User-Generated Content contained in Public
Forums). We do not endorse any of the merchandise, nor
have we taken any steps to confirm the accuracy,
completeness or reliability of, any of the information,
content or materials contained on any third-party site.
We do not make any representations or warranties as to
the security of any information, content or materials
(including, without limitation, credit card and other
personal information) you might be requested to give to
any third party. You hereby irrevocably waive any claim
against us with respect to information, content and
materials contained on our sites (including, without
limitation, User-Generated Content), on third party
sites, and any information, content and materials you
provide to such third party sites (including, without
limitation, credit card and other personal information).
We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with
any online or offline transaction with any of these
third parties.
11. SUBSCRIPTIONS/BILLING
Some services offered on TTG Sites are
subscription-based services. Please refer to the Member
Service Agreement for the applicable subscription-based
service for specific terms and conditions applicable
thereto.
12. INDEMNIFICATION
You are entirely responsible for maintaining the
confidentiality of your username(s), password(s), and
your account(s), as well as all activities that occur
under your account(s). You hereby agree to indemnify,
defend, and hold us, our licensors, licensees,
distributors, agents, representatives and other
authorized users, and each of the foregoing entities'
respective resellers, distributors, service providers
and suppliers, and all of the foregoing entities'
respective officers, directors, owners, employees,
agents, representatives and assigns (collectively, the "Indemnified
Parties") harmless from and against any and all
losses, damages, liabilities and costs (including,
without limitation, settlement costs and any legal or
other fees and expenses for investigating or defending
any actions or threatened actions) incurred by the
Indemnified Parties in connection with any claim arising
out of any breach by you of these terms of use or claims
arising from your account(s). You shall use your best
efforts to cooperate with us in the defense of any
claim. We reserve the right, at our own expense, to
employ separate counsel and assume the exclusive defense
and control of any matter otherwise subject to
indemnification by you.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING
DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO
USE, ANY TTG SITE OR CONTENT, MATERIALS OR FUNCTIONS ON
ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER
ONLINE OR OFFLINE, OF ANY USER OF A TTG SITE OR ANY
OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS)
FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED
TO ANY TTG SITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS
AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES'
RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS
AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT
OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR
REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS
OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES,
ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES,
LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF
LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR
TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY
REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR
LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING
ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR
LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING
ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR
(A) ANY INCOMPATIBILITY BETWEEN THE TTG SITES AND ANY
WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY
DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY
TRANSMISSIONS OR TRANSACTIONS RELATING TO THE TTG SITES
IN AN ACCURATE OR TIMELY MANNER.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS
SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE
EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE
CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO
SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT
APPLY TO YOU.
14. JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising
out of or relating to these terms of use shall be filed,
and that venue properly lies, only in state or federal
courts located in New York, and you hereby consent and
submit to the personal jurisdiction of such courts for
the purposes of litigating any such action. We make no
representation that information, content or materials on
any TTG Site are appropriate or available for use in any
particular location. Those who choose to access a TTG
Site do so on their own initiative and are responsible
for compliance with all applicable laws including, but
not limited to, any applicable local laws.
15. AMENDMENT
We reserve the right, in our sole discretion, to change,
modify, add or delete portions of these terms of use at
any time without notice, and it is your responsibility
to review these terms of use for any changes. Your use
of any TTG Site following any amendment of these terms
of use will signify and constitute your assent to and
acceptance of such revised terms of use.
16. TERMINATION
These terms of use are effective until terminated by
either you or us. You may terminate these terms of use
at any time by discontinuing use of all TTG Sites and
destroying all materials obtained from any and all such
sites and all related documentation and all copies and
installations thereof, whether made under these terms of
use or otherwise. In the event that you terminate these
terms of use, you agree to notify us of such termination
by sending notice of such termination by email to
info@twilightgal.com
We may immediately terminate these terms of use with
respect to you (including your access to any and all TTG
Sites) without cause and without notice to you in our
sole discretion. Upon termination, you must cease use of
all TTG Sites and destroy all materials obtained from
such sites and all copies thereof, whether made under
these terms of use or otherwise.
We have adopted and implemented a policy that provides
for the termination, in appropriate circumstances, of
users who are repeat infringers of copyright.
The provisions of these terms of use, which by their
nature should survive the termination of these terms of
use, shall so survive such termination.
17. GENERAL PROVISIONS
These terms of use shall be governed by and construed in
accordance with the laws of the State of New York and
the laws of the United States, without giving effect to
any principles of conflicts of law. If any provision of
these terms of use shall be unlawful, void or for any
reason unenforceable, then that provision shall be
deemed severable from these terms of use and shall not
affect the validity and enforceability of any remaining
provisions. No waiver of any provision of these terms of
use by us shall be deemed a further or continuing waiver
of such provision or any other provision, and our
failure to assert any right or provision under these
terms of use shall not constitute a waiver of such right
or provision. YOU AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO ANY TTG SITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES;
OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY
BARRED.
FORUM RULES
By Using this site you agree to the
terms of use posted below for this forum and this site.
Below are the forum site Rule and terms. Any abuse of
thise site, any negative posting will be removed and
user will be banned. This site is for all ages and as
such each individual must conduct themselves as such.
Forum Rules
We do insist that you abide by the rules and policies
detailed below. If you agree to the terms, please check
the 'I agree' checkbox and press the 'Register' button
below. If you would like to cancel the registration,
click to return to the forums index.
Although the administrators and moderators of Twilight
Gal will attempt to keep all objectionable messages off
this forum, it is impossible for us to review all
messages. All messages express the views of the author,
and neither the owners of Twilight Gal, nor GGCMM will
be held responsible for the content of any message.
By agreeing to these rules, you warrant that you will
not post any messages that are obscene, vulgar,
sexually-oriented, hateful, threatening, or otherwise
violative of any laws.
The owners of Twilight Gal reserve the right to remove,
edit, move or close any thread for any reason.
Members who do not participate in the community by
interacting with other members in forum conversations or
chats but visit only to post promotional or 'defensive'
threads in favor of their own site, practice, services,
and or announcements or to post the same for any other
site, business, or service will not be tolerated.
You agree that you will not post your email address,
phone numbers , or other contact information directly on
the site either in forum posts, signatures, or
otherwise.
You agree that you will not post any messages that are
obscene, vulgar, sexually-oriented, hateful,
threatening, or otherwise illegal.
Although we do attempt to keep all objectionable
messages out of the forum, it is impossible for us to
review all messages. All messages express the views of
the author, and the owners of this site will not be held
responsible for the content of any message.
Below you will find our Terms and Conditions along with
our Privacy Policy. By registering and utilizing our
sites, you are agreeing to the below terms of service.
Privacy Policy
Terms of Use and Terms of Service
The terms of use, terms of service and privacy policy
(collectively referred to as the "Terms of Use") stated
below governs your use of Twilight Gal and provide
notice of its privacy policy.
G&G Marketing, LLC, its affiliates and subsidiaries
(collectively referred to as the "Company") may revise
the Terms of Use at any time by updating this posting.
You should visit this page periodically to review the
Terms of Use, as they are binding to you.
COPYRIGHT AND TRADEMARK
The Company is the owner of all intellectual property
rights concerning this web site. "Twilight Girl", logos
and the look and feel of this web site are used or
registered trademarks of the Company, as the case may be
in each applicable jurisdiction. The contents of this
web site, such as text, graphics, images, logos, button
icons, software and other material, the HTML based
computer programs used to generate pages, and this web
site are protected by US copyright laws and
international treaties. Re-use of any of Twilight Gal
editorial content, graphics and any other material for
any purpose is strictly prohibited without the Company's
prior written consent. The "look and feel" includes, but
is not limited to, color combinations, button shapes,
layout, design and all other graphical elements.
ACCEPTABLE SITE USE
The Company authorizes you to view and download the
material on this web site solely for your personal,
non-commercial use.
This web site may be used for lawful purposes only, by
individuals seeking employment and employers seeking
employees. Any other use is forbidden, including, but
not limited to, the transmission, distribution, storage
or destruction of material a) in violation of any
applicable law or regulation, b) in a manner that will
infringe intellectual property rights of others or
violate the privacy, or other personal rights of others,
or c) that is discriminatory, defamatory, obscene,
threatening, abusive or hateful. Notwithstanding the
foregoing, you agree not to:
1. Post any incomplete, false or inaccurate biographical
information or information which is not your own
accurate resume.
2. Post any franchise, pyramid scheme, "club
membership", distributorship or sales representative
agency arrangement or other business opportunity which
requires an up front or periodic payment, pays
commissions only, requires recruitment of other members,
sub-distributors or sub-agents. 3. Delete or revise any
material posted by any other person or entity. 4. Take
any action that imposes an unreasonable large load on
this web site's infrastructure. 5. Post or transmit any
content that contains a virus or corrupted data,
attempting to interfere with service to any user, host
or network, including, without limitation, via means of
submitting a virus to this web site, overloading,
"flooding," "spamming,, "mailbombing" or "crashing." 6.
Send unsolicited e-mail, including promotions and/or
advertising of products or services. 7. Disclose to or
share your password with any third parties or use your
password for any unauthorized purpose, if you have a
password allowing access to a non-public area of this
web site. 8. Decipher, decompile, disassemble or reverse
engineer any of the software comprising or in any way
making up a part of this web site, or attempt to do
that. 9. Violate or attempt to violate the security of
this web site. The infringement of this and the
foregoing dispositions may result in civil and/or
criminal liability.
USER SUBMISSION
By submitting content to any public or non-public area
of this web site, Q&A forums, message boards, forums,
and contests, you grant the Company and its affiliates
the royalty-free, perpetual, irrevocable,
sub-licensable, right (including any moral rights) and
license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
communicate to the public, perform and display, in whole
or in part, the content worldwide and/or to incorporate
it in other works in any form, media, or technology, for
the full term of any rights that may exist in such
content. You also warrant that the holder of any rights,
including any moral rights and license, has completely
and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the right
and license stated above. You also permit any user or
subscriber to access, display, view and reproduce such
content for personal use. Subject to the foregoing, the
owner of such content placed on this web site retains
any and all rights that may exist in such content.
The Company and its designees shall have the right, but
not the obligation, in their sole discretion to edit,
refuse to post, or remove any content posted on the
system. Without limiting the foregoing, the Company
shall have the right to remove any content that violates
the Terms of Use or is otherwise objectionable.
PRIVACY POLICY
The Company has a firm commitment to protect the privacy
of the users of Twilight Gal, including users who submit
any ideas and members of the Twilight Gal. We may
specifically ask for information about you when you
register or sign up to use a service or purchase a
product. We will need certain information, such as name,
e-mail address, billing address, credit card number
etc., in order to provide services or products to you.
We do not disclose information about your individual
visits to this web site, personal information that you
identified as confidential when requested by the system
or any other information that was not provided to be
disclosed to users and/or subscribers, to any outside
parties, except when the law requires it. However, we
may record and share aggregated information with our
partners and/or any other parties with whom we may enter
into formal or informal alliances.
To enhance your experience at this web site, we may use
a feature on your internet browser called a "cookie."
Cookies are small files that your internet browser
places on your computer's hard drive. We may use cookies
to keep record of user names and passwords and
preferences, tracking click streams, for load balancing,
etc. Because of our possible use of cookies, we can
deliver faster service, consistent, updated results and
more personalized site experience. You have the option
of setting your browser to reject cookies. However,
doing this will hinder performance and may negatively
impact your experience on this web site.
OTHER PARTIES
This web site may contain links to third party web
sites. These links are provided solely as a convenience
to you and not as an endorsement by the Company of the
contents on such third-party web sites. The Company is
not responsible for the content of linked third-party
sites and does not make any representations regarding
the content or accuracy of materials on such third party
web sites. If you decide to access to linked third party
web sites, you do so at your own risk.
LIMITATION OF LIABILITIES
The Company is not to be considered an employer and it
shall not be responsible for any employment decisions
made by users of this web site.
All advice and information that is offered must be
followed at each visitor's own discretion. No user,
member or visitor is required to follow any of the
advice or suggestions offered by the Company or its
guest experts. The Company does not in any way make
promises or guarantees about any employment related
issues. Visitors and members must use their own judgment
when accepting or rejecting the advice that is made
available. Under no circumstances shall the Company be
liable to any user on account of user's use or misuse of
and reliance on the services, products and advice
offered by this web site, or of any delay or failure in
performance resulting directly or indirectly from acts
of nature, forces, or causes beyond its reasonable
control, including, without limitation, equipment
failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, flood, storms,
explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals,
non-performance of third parties.
The Company acts as conduct for the online distribution
and publication of user-submitted information; it does
not represent or guarantee the truthfulness, accuracy,
completeness or reliability of information posted by
users. It has no obligation to monitor the information
residing on or transmitted via Twilight Gal.
DISCLAIMER
In no event shall the Company or its providers or agents
be liable for any damages whatsoever, resulting,
directly or indirectly, from the use or inability to use
vagirl.com.
Notwithstanding how damages may be called based on
warranties, contracts, torts, or any other applicable
legal theory, the Company believes in the need to
develop the use of TwilightGal.com visioning that social
values and economic growth would be developed by the use
of TwilightGal.com system. Then, the Company limits its
maximum liability for any type of damages to United
States $100.
DISCLAIMER OF WARRANTIES
The Company disclaims any and all responsibility or
liability for the accuracy, content, completeness,
legality, reliability or availability of information or
material in this web site. The Company disclaims any
responsibility for the deletion, miss delivery, or
untimely delivery of any information or material. The
Company disclaims any responsibility for any harm
resulting from downloading or accessing any information
or material through the system, the services or products
available on this web site.
This system and the information provided on it are
provided on an "as is" and "as available" basis, with no
warranties whatsoever. The Company, to the fullest
extent permitted by law, disclaims all warranties,
either express or implied, including but not limited to
warranties of title, non-infringement or implied
warranties of merchantability or fitness for a
particular purpose. Furthermore, the company does not
warrant that this system will operate error-free or that
this web site and its server are free of computer
viruses or other harmful mechanisms.
We neither warrant that you will obtain any job via the
system, nor do we make warranties about, and take no
responsibility for, any job you may obtain.
You shall have absolutely no recourse against the
Company for any alleged or actual infringement of any
proprietary rights you may have in anything you post on
this web site.
In the event that you have a dispute with one or more
users of this web site, you release the Company and its
agents and employees from claims, demands and damages,
actual and consequential, direct and indirect, of every
kind and nature, known and unknown, suspected and
unsuspected, disclosed or undisclosed, arising out of or
in any way connected with such disputes.
MISCELLANEOUS
These Terms of Use are governed by the laws of each
applicable jurisdiction. The Company reserves the right,
at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your
postings from this web site and immediate termination of
your registration with the Company or your ability to
access this web site and/or any other service provided
to you by the Company, upon any breach by you of these
Terms of Use.
All disputes arising out of or in connection with these
Terms of Use & Privacy Policy shall be finally settled
under the Rules of Arbitration of the International
Chamber of Commerce by one or more arbitrators appointed
in accordance with the said Rules.
If an arbitration tribunal finds that any provisions set
forth in these Terms of Use are invalid, you agree that
the remainder terms and conditions shall be enforceable
and that, to the extent permitted by law, the court or
tribunal shall give effect to the intention of the
parties, as reflected in any such right or provision
that has been declared invalid or unenforceable. These
Terms of Use constitute the entire agreement between you
and the Company with respect to the use of Twilight Gal,
this web site and the services and products provided by
G&G Marketing LLC.
|
