Use of this Website
All use is restricted to those
who lawfully may view the material contained in the blog, comments, forum and
chat sections of this Website, who seek to read, view, hear and/or discuss such
materials, and who are not offended by the same. Due to the extremely graphic, offensive, violent
and sexually-oriented nature of materials found on this Site, you must be at
least 18 years of age, and in some cases at least 21 years of age, in order to access
the material on this Site. It is the
user's responsibility to determine if use of this Site by them is legal in the
jurisdiction from which they intend to access the same, to insure that the same
does not violate the legal standards of your country or community and to
refrain from doing so, wherever the same is prohibited or unlawful.
All use of this Website is governed
by the Terms of Use set forth in their entirety below. By accessing this Site, its material content,
as well as any text, code, page, graphic image, video or audio recording, or
any part thereof, you expressly accept and agree to be bound by said Terms of
Use.
Copyright and Use of
Likeness Claims
We respect the rights of lawful
copyright holders and those whose likeness(es) may be portrayed on this
Site. We claim no ownership in any image
or electronic medium posted on this Site.
We expressly disavow any assertion that the portrayal of the work is an
authorized connection with and/or approval of the content of this Site. We
believe in good faith that all images posted here have either been placed in
the public domain, or are otherwise legally in use as a "Fair Use"
and/or "Fair Dealing." If you
are the lawful copyright holder, or a person whose likeness is displayed,
within any graphic or video material in use on this Site, and you object to
such use, we encourage you to notify us in writing of your objection. Your objection should be detailed,
demonstrating clear ownership of a right, or authority on behalf of a right
owner, or that your personal likeness is in use, identifying the specific
materials to which you object, by description of the work and specific location
of publication (page address ("URL"), adjacent content, etc.), as
well as a detailed statement of the nature of your objection to the use. Please attach to your correspondence any
authenticating materials, such as contracts, assignments, copyrights, licenses,
photographs and the like. The statement must contain your name, address,
telephone number(s), e-mail address, be signed electronically under the
penalties of perjury that the contents of the notice are true and complete, that
you are the owner or authorized person to act on behalf of the owner, and that
you have a good faith belief that the objected-to material is in use by us,
contrary to both right and law. Please
make sure to read our statement on use of Copyrighted and Personal Likeness Materials
before objecting. Furthermore, please
note that under Title 17, U.S. Code, Section 512(f), any person who knowingly misrepresents
in a material manner that published material or transmission activity is
infringing SHALL be subject to liability for damages incurred by the wrongfully
alleged infringer (and/or any other party injured by the misrepresentation),
including but not limited to, legal fees and costs. Send your written objection by electronic
mail to:
ggandbv [at] gmail [dot] com
We will investigate all claimed
objections within ten (10) business days and provide a written response. If your objection is sustained, the materials
objected to will be removed within that same time period.
Copyrighted and Personal Likeness Materials
This Site is a non-commercial
site. We charge no membership or access
fees. We do not accept fees for
advertising or referrals. We do not
endorse any product or service for compensation. We may accept donations and gifts from
readers to defray administrative and operating costs, as well as fund reserves
for legal defense. In both essence and
reality, this is a not-for-profit Website.
We therefore cannot possibly exploit anyone's copyrighted materials or
personal likeness for profit. There is simply
no money available in coming after us.
This Site is dedicated to the
discussion, exchange of ideas, demonstration of examples of, commentary upon,
criticism of, education concerning, news reporting, fiction, parody, satire,
review and research of females who derive sexual arousal from witnessing,
thinking about, or fantasizing about, violence between men, as well as
domination/humiliation components inherent in competitive acts between men, including
but not limited to cuckolding, betrayal, torture, cruelty, sadism, bondage, subservience, and other like fetish
elements.
This site may contain and/or
publish copyrighted materials and/or depict the personal likenesses of persons,
whose use has not been authorized by the copyright owners, licensees or
personal owners. Although it is believed
that all such materials are or have been placed in the public domain, it is
possible that some of the text, images and/or recordings may be protected by
copyright and/or personal likeness laws.
To the extent that this Site contains, has published or otherwise
depicts such protected materials, the Site alleges in good faith that the same
constitutes "Fair Use" and "Fair Dealing" within the ambit
of the U.S. Copyright Act, Title 17, U.S. Code, Section 107, Article 10 of the
Berne Convention of 1886, and those portions of the WIPO Copyright Treaty of
1996 that have been incorporated into law in the United States through the Digital
Millennium Copyright Act, and are not otherwise inconsistent in any manner with
any portion of the U.S. Copyright Act.
We do not endorse violence
between individuals. We do not assert
that any person or likeness is associated with the views expressed in this
Site, unless they have expressly said, intimated or portrayed so. We do not claim any ownership interest in the
materials published at this Site. No
ownership by this Website is implied by the display or non-display of said
items. We do not authorize or deny the
use of any materials published at this Site by other parties. We do not endorse the views expressed by
individuals set out in materials published at this site. In particular, the
views expressed do not necessarily reflect the views and opinions held by the
Site, especially where made in comments, the forum, the chat, in news reports,
fantasies, fiction, parodies, satire, super-imposed text on graphics, actions
displayed in video, communications made in audio and content in stories or
articles submitted to us for publication by readers.
Links To and From Other Websites
We are not responsible for the
content of any third-party website. Any links to such websites are provided for
your convenience only. We do not receive compensation from, endorse, authorize,
approve, certify, maintain, or control these other websites and do not
guarantee the accuracy, completeness, efficacy or timeliness of the information
located at any such website(s).
We are not responsible for the
privacy practices of third-party websites. We do not collect personally
identifying data, and do not use the same for any purpose. Our third-party vendors may collect generally
and/or personally identifying data.
Please verify their respective privacy policies and software practices
before use of this Site. We further encourage
you to review the privacy policies and software practices of any linked websites
before you navigate to any website, or disclose your personal information
online.
You access any third-party
websites and the pages of this Site provided by third-party vendors at your own
risk.
There may be circumstances where
access to our website is provided by a hypertext link located at another
website, or generated from a search engine. Although we encourage and
appreciate links from third-party websites and search engines, we have no
responsibility for the content of such websites and we do not compensate, endorse,
authorize, approve, certify, maintain, or control these other websites, nor do
we guarantee the accuracy, completeness, efficacy or timeliness of the
information located at such websites.
Commentary and Discussion
We fully encourage lawful commentary
and discussion of topics germane to our purpose, utilizing free speech
principles embodied in the First Amendment to the U.S. Constitution. We do not condone or authorize unlawful speech,
including but not limited to threatening, defamatory and/or hateful
speech. Furthermore, we do not condone
or authorize discussion concerning the involvement of minors in unlawful
activities and/or activities of a prurient nature. We actively dissuade such communications, but
have no responsibility to prevent or censor any such communications.
Comments submitted to this Site
are posted automatically, and may include the user name and date when comment
was posted. Comments on this website are
the sole responsibility of their respective authors. The author is fully responsible for any and
all liability arising from any libel or other unlawful statement contained in
something written in a comment. The accuracy, completeness, veracity, honesty,
exactitude, factuality and politeness of comments are not guaranteed. By submitting a comment to this Site, you
warrant that we have the right, at our own discretion, to edit and/or remove
your comment(s). You are legally liable
for the content of your comments that you submit to this Site.
By submitting a comment to this Website,
you warrant that we are not responsible, nor liable for any of the content
posted by you, and you agree to indemnify us from any and all claims and
liabilities (including legal fees) which could arise from your comments
submitted to the Site.
Discussion can occur in our Forum
and in our Chat facility. Discussion
contents reflect the views of individual participants only. This Site bears no
responsibility for accuracy of participant discussions and has no legal
liability for any result(s) arising from such discussions.
Your use of the discussion forums (Forum and Chat) will constitute your agreement to comply with the following rules:
The views expressed in the Forum
are those of the participants alone and do not necessarily reflect the views of
this Site. If you participate in a
discussion, you are responsible for ensuring that any material you post to the
Forum or share in Chat (such as text, images or other multimedia content) does
not violate or infringe upon the copyright, patent, trademark or any other
personal or proprietary rights of any third party, is not unlawful,
threatening, defamatory or hateful, and is posted with the permission of the
owner of any such rights, or is otherwise permitted by law. You agree not
to use any material that is libelous, abusive, or hateful, constitutes unauthorized
advertising, invades anyone's privacy, or encourages conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international law, rule or regulation. You
agree to use the Site's discussion forums only for lawful purposes.
To maintain a high quality
content, discussion moderators may remove messages which stray from the topic
or do not contribute new ideas. You
understand that the Site has no obligation to monitor the Forum and/or Chat facility, nor any duty
to protect anyone from unlawful acts committed by individual participants. This
Site does, however, reserve the right at all times to edit, refuse to post or to
remove any information or materials, in whole or in part, that in our sole
discretion is/are deemed objectionable or in violation of these terms and
conditions, as well as to disclose any information in our possession necessary to satisfy a
governmental request, or respond to lawful legal process.
Discussion materials on this Site are for your personal use only. You may not in any way make commercial or other
unauthorized use, by publication, re-transmission, distribution, or otherwise,
of material obtained through this Site, except as permitted by the Copyright
Act or other law.
Anyone who violates these rules, or otherwise displays poor decorum, may have their access privileges removed without warning.
Limitation of Liability
Under no circumstances, including
those which might constitute gross negligence, shall this Site or its owners
and administrators, be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of, or the inability to use, this
Site, the Forum section, the Chat section, or any information contained on this
Site. You specifically acknowledge and
agree that this Site is not liable for any defamatory, offensive or illegal
conduct of any user. By using this Website,
you agree to abide by all of the above rules and policies, as well as all Terms
of Use.
TERMS OF USE
Last Updated March 25, 2014,
Version 1.0
IMPORTANT LEGAL NOTICE
.
PLEASE READ THE FOLLOWING TERMS
OF USE (“TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR USE OF THIS “GIGGLING GIRLS
AND BLOODY VIOLENCE WEBSITE,” (HEREINAFTER “WEBSITE” or "BLOG"), AND THE SERVICES OFFERED THROUGH THE WEBSITE.
THESE TERMS SET
FORTH
A BINDING AGREEMENT
BETWEEN YOU AND GIGGLING GIRLS AND BLOODY VIOLENCE BLOG (HEREINAFTER, “GGBV”).
YOU MUST BE AT LEAST 18 YEARS OLD
AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE
OR RESIDE TO AGREE TO THESE TERMS. USE OF THIS WEBSITE IS STRICTLY PROHIBITED
TO THOSE WHO CANNOT OR DO NOT UNCONDITIONALLY CONSENT TO THESE TERMS.
1. Acceptance of Terms of
Use. These Terms of Use (“Terms”)
constitute a binding agreement between you and GGBV (“we,” “us” or “our”), and
govern your use of GGBV’s Website, as well as the content, products and
services offered or provided through the Website (collectively with the
Website, the “Services”). By accessing, viewing or using any Services, you
represent and warrant that you are at least 18 years old and the age of
majority and legal consent in the jurisdiction in which you live or reside, and
you agree to be bound by and subject to these Terms. If you do not agree to
these Terms, you may not access the Website or any of its Services, and you
must immediately leave the Website and/or Services. Upon our request, you agree
to sign a non-electronic version of these Terms.
2. Changes to Terms of Use and
Services. THESE TERMS MAY BE AMENDED
OR CHANGED BY US IN OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. We
indicate at the top of the page when these Terms were last updated. Your
continued access or use of the Website or any other Services following such
changes will be deemed acceptance of such changes. In addition, we reserve the
right to modify or cease providing all or any portion of the Services at any
time, with or without notice. Be sure to return to this page periodically to
ensure familiarity with the most current version of these Terms.
3. Privacy Policy. We are committed to protecting the privacy
of the personal information you provide to us through the Website. Any personal
information submitted through the Website by you is subject to our Privacy
Policy, which is incorporated herein by reference. PLEASE REVIEW OUR PRIVACY
POLICY TO UNDERSTAND OUR PRACTICES WITH RESPECT TO YOUR PERSONAL INFORMATION.
We do not knowingly collect personal information from persons under the age of
18. The date of the last update to our Privacy Policy will be noted at the top
of our Privacy Policy.
4. Account. The term we use to denote your
participation activity on the Website is an “Account.” An Account is not an indication that you have
paid for or subscribed to the Website or its Services. In fact, this site is not a paid or
subscriber Website in any manner.
Additionally, the term is not an indication that personally identifiable
information is associated with your participation activity. Most persons participate on this Website by
utilizing either an anonymous or fictitiously-referenced account. Rather, one
establishes an account, whether identifiable, anonymous or
fictitiously-referenced, by merely accessing and/or using the Website or any of
its services. When you post to the
Website or its Services, the same constitutes activity on your “Account.”
In order to participate in or
receive certain Services, you will be required to create an Account, and you
may be subject to additional contractual terms and conditions applicable to
such Services (“Additional Terms”), which Additional Terms will be accessible
to you on the Website or presented to you as Additional Terms when you sign up
for or access such Services. Any such Additional Terms shall be incorporated
into and form a part of these Terms. Your Account is for your individual,
personal use only, and you may not authorize others to use your Account for any
purpose. You agree not to use another person’s Account without their permission.
You agree to create and/or use only one (1) account for yourself, for the
purpose of accessing the Website and it's Services. You are responsible for
maintaining the confidentiality of, and restricting access to, your Account and
you agree to accept sole responsibility for all activities that occur under
your Account. You agree to contact us immediately with notice of any
unauthorized use of your Account or any violation of these Terms by others of
which you are aware. You agree that we shall have no liability for any losses,
damages, liabilities or expenses you may incur due to any unauthorized use of
your Account, and you agree to indemnify us and hold us harmless for any such
unauthorized use. We reserve the right to create accounts for quality control
and administrative purposes. Such accounts may be publicly viewable.
5. Use of Services; Assumption of
Risk. The Services may not be accessed
or used where prohibited by law. You understand that by accessing or using the
Services, you may encounter content that may be deemed sexually explicit,
mature, offensive, indecent, violent, repulsive or objectionable, which content
may or may not be identified as having explicit language or adult themes, and
which in certain circumstances may be due to your interactions with other users
in the course of accessing or using the Services. In addition, certain content
and materials available on or through the Services are inappropriate for
viewing by minors or by persons who do not wish to be exposed to sexually
explicit, violent or objectionable material. Commercially available parental
control protections (such as computer hardware, software or filtering services)
may assist you in limiting access to material that is sexually explicit,
violent, objectionable or harmful to minors. If you are interested in learning
more about these protections, information is available at www.cybersitter.com,
www.netnanny.com or other analogous sites providing information on such
protections. The preceding Internet addresses are provided for information
purposes only, and not intended to act as an endorsement of these entities,
their services or policies and we are not in any manner affiliated with them. YOU
FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE
OF THE SERVICES, including but not limited to, any online or offline
communications and personal interactions with others (such as, but without
limitation, dating, meeting, conversing, corresponding and personally
interacting). It is your responsibility to take all advisable and necessary
precautions when interacting with individuals you meet or come into contact
with through the Website and/or its Services.
THIS WEBSITE AND ITS SERVICES ARE
FOR PERSONAL ENJOYMENT AND INFORMATION.
MATTER CONTAINED ON THE WEBSITE AND IN ITS SERVICES IS GENERALLY FICTIONAL,
FOR FANTASY OR FETISH PURPOSES, UNLESS EXPLICITLY DENOTED BY US AS A REPORT OF
ACTUAL EVENTS, OR AS NON-FICTIONAL CONTENT.
WE DO NOT CONDONE, RECOMMEND,
ENCOURAGE OR SUPPORT ACTUAL ACTS OF VIOLENCE
!
VIOLENCE IS A CRIMINAL OFFENSE IN VIRTUALLY
EVERY JURISDICTION ON EARTH, IS A CAUSE FOR CIVIL LIABILITY FOR INJURIES AND
DAMAGES SUSTAINED, AND HAS
VERY SERIOUS
CONSEQUENCES
FOR BOTH THE PERPETRATOR AND THE VICTIM.
DO
NOT COMMIT ANY VIOLENT ACTS
.
DO
NOT WILLINGLY PLACE YOURSELF IN A POSITION TO BE THE VICTIM OF A VIOLENT ACT
.
6. Your Additional
Representations and Warranties. You further represent and warrant to us, under
penalty of perjury, as follows:
(a) You will not provide, permit or facilitate
access to the Website or the use of the Services, or your Account, to or by any
minors or third parties;
(b) You have not and will not access or use the
Website and/or its Services from any place or jurisdiction where such use is
prohibited or contrary to applicable laws, rules, regulations, ordinances,
edicts or customs, and you are not a national or resident of any country which
the United States has: (i) embargoed goods; (ii) identified as a "Specially
Designated National"; or (iii) placed on the Commerce Department's Table
of Deny Orders;
(c) Your
use of the Services is and will be in compliance with all applicable laws,
rules, regulations, ordinances, edicts or customs, and is purely for personal
entertainment purposes. You explicitly agree
that you are not permitted under any circumstances to, and will not, access or
use the Services and/or the Website for occupational or commercial purposes;
(d)
You understand that when you gain access to the Services, you will be
exposed to visual images, both static and video, verbal descriptions and audio
sounds, written text and other content of a sexually oriented, violent,
potentially objectionable and explicitly erotic nature, which may include
graphic visual depictions and/or descriptions of nudity, sexual activity,
violent acts, blood, gore, dominance, humiliation and the like. You are
voluntarily choosing to do so, because you want to view, read and/or hear the
various materials and content which are available, for your own personal
enjoyment, information and/or education. Your choice is a manifestation of your
interest in sexual matters which, you believe, is healthy, natural and normal,
and which in your experience is shared by a significant proportion of law-abiding,
average adults in your community. You further represent and warrant that you
are familiar with the standards in your community regarding the acceptance of
such sexually-oriented and explicit materials and the materials you expect to
encounter are within those standards. In your judgment, the average adult in
your community accepts the private consumption of such materials by willing
adults in circumstances such as this, which offer reasonable insulation from
the materials for minors and unwilling adults, and will not find such materials
to appeal to a prurient interest or to be patently offensive;
(e)
You have not notified any governmental agency, including the
U.S.
postal
service, that you do not wish to receive sexually oriented material; and
(f) You:
(i) have never been convicted of a felony; and (ii) are not required to
register as a sex offender with any government entity or agency.
PLEASE NOTE THAT WE DO NOT
CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS OR ACCOUNT HOLDERS.
(g) If
you have any complaint with regard to the Website, any of its content and/or
any of its Services, you agree to first notify us and provide us with an
opportunity to remedy the complaint within ten (10) business days. In the event that we remedy any noticed
complaint, you KNOWINGLY, VOLUNTARILY AND EXPRESSLY WAIVE AND FOREVER RELEASE
any and all claims, causes of action, damages, costs and expenses arising from
the publication, use or accessing of the material or services that were the
subject of the complaint. If you fail to
notify us and provide us with an opportunity to remedy your complaint, as
provided herein, you KNOWINGLY, VOLUNTARILY AND EXPRESSLY WAIVE AND FOREVER
RELEASE any and all claims arising from the material or services that were the
subject of the complaint. You agree that
we cannot be held liable upon any claim or cause of action unless we are
provided with notice of your complaint and we fail to remedy the same, as
provided herein.
7. Fair Use; Third Party Links
and Pages; Reliance on Content and Advice.
(a) The
Website and its Services will include content (whether literary, visual or
audio) that is not owned by us, nor licensed to us by its owner(s). We specifically disclaim ownership in any and
all content on the Website or in its Services unless we otherwise mark the
content with an appropriate mark to indicate a claim of ownership.
All copyrighted material used by
the Website or in its Services is used in accordance with Fair Use standards,
pursuant to Title 17, U.S. Code, Section 107.
No infringement or disparagement is intended. All use of content by the Website and its
Services is non-commercial and is uncompensated. The materials on this Website and in its
Services are expressly and solely used for fictional, transformative,
satirical, commentative, educational, informational, social, research, opinion
and/or fantasy purposes. Much of the
content of the Website and its services is previously published material, in
which we have a good faith belief that the same has either been placed in the
public domain, or has been publicly exhibited to an extent that no harm to the
future marketability of the content can arise as a result of its use in this
non-commercial manner. We further
declare that we invoke and subscribe to the principles of the Digital Millenium
Copyright Act, and respect all notices given under 17 U.S. Code Section
512(c). We will remove content and
infringing material in accordance with said Act.
The use of any image or likeness
in no way implies that the actual person depicted has endorsed its use, or
endorses other content which has been associated with the image or likeness,
believes in the propriety of violence, desires to see violence, or otherwise
encourages violence. The rights to all
images or likenesses displayed on the Website and in its Services remain those
of their respective owners.
(b) The Services may include hyperlinks to
third-party websites, content and/or resources ("Resources"). You
acknowledge and agree that we have no control over and are not responsible for
the availability of any such Resources, and we do not endorse any advertising,
products or other materials on or available from such Resources. Because we
cannot control the activities of such Resources, we cannot accept responsibility
for any use of information by such third parties, and we cannot guarantee that
they will adhere to the same privacy and security practices as us. If you visit
or link to a Resource, you should consult that Resource's privacy policy and
terms of use before accessing the site and/or services, or before providing any
information. You agree that we shall have no liability for any losses, damages,
liabilities, costs or expenses you may incur due to your use of such Resources,
and you agree to indemnify us and hold us harmless for any such use.
(c)
Opinions, advice, statements, offers, or other information or content
made available through the Services are those of their respective authors, and
should not necessarily be relied upon. Such authors are solely responsible for
such content. We do not: (i) guarantee the accuracy, completeness, or
usefulness of any information through the Services, or (ii) adopt, endorse or
accept responsibility for the accuracy or reliability of any opinion, advice,
or statement made by any party that appears through the Services. Under no
circumstances will we be responsible for any loss or damage resulting from your
reliance on information or other content posted on the Website or through the
Services or transmitted to or by any of our users or members.
8. Proprietary Rights. The content provided through the Services,
including but not limited to, the text, data, software, manuscripts, graphics,
photographs, music, sounds, videos, interactive features, blogs, chatrooms, posts,
feedback, messages, tags and other materials (collectively,
"Content") may be subject to copyright, personal rights and other
intellectual property rights under United States and foreign laws and
international conventions. All Content is provided to you solely for your
information and personal, non-commercial use. You agree to not engage in the
use, copying, or distribution of any Content other than as expressly permitted
herein. You may download or print a copy of the Content for your personal,
non-commercial use only. You must retain
all copyright and other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related features of
the Website, its Services or features that prevent or restrict use or copying of
any Content or enforce limitations on the use of the Services or Content.
9. Content Provided "AS IS"; Access
to Content. You understand that
Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person from whom such Content originated. We do not
control this Content and do not guarantee its accuracy, integrity or quality.
All such Content is provided "AS IS, WHERE IS" without representation
or warranty of any kind. Under no circumstances shall we be liable to you in
any way for any Content, including but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result of the
use of or reliance upon any Content. We claim immunity from liability to the
fullest extent permitted by law, and as further provided under the
Communications Decency Act, for any Content provided by third parties. Neither
our actions nor any provision in these Terms is intended to waive, remove or
usurp such immunity.
10. Noncommercial Use. The Services are made available for your
personal, noncommercial use. You will not advertise or solicit any user or
member to buy or sell any products or services through the Services. You may
not transmit any chain letters, junk or spam e-mail to other users or members.
Further, you will not use any information obtained from the Services in order
to contact, advertise to, solicit, or sell to any user or member without their
prior express consent. Moreover, you will not utilize the Services or Website
to gather information concerning its users for any purpose whatsoever. If you
breach the terms of this subsection and/or send or post unsolicited bulk email,
"spam" or other unsolicited communications of any kind through the
Services, we reserve all rights, claims and causes of action we may have,
statutory or otherwise, including but not limited to, the right to seek
statutory penalties for each such unsolicited communication you send through
the Services. Furthermore, you agree that we shall have the right in equity to
obtain both preliminary and permanent injunctions against your threatened or attempted
use and actual use of information improperly gathered by you, in violation of
these terms and conditions, in any and all jurisdictions we deem advisable, and
hereby waive your objections to the same, on any and all grounds, including but
not limited to the ground of personal jurisdiction. To the extent that the concept of
anticipatory breach is not recognized in any applicable jurisdiction, you agree
to waive objection to the application of anticipatory breach concepts as part
of the law of the case.
11. Personal Communications and
License to Your Content; Right to Block or Remove Content.
(a)
You acknowledge and agree that your communications with other users or
members via chats, conferences, bulletin boards, blogs, submissions, posts and
any other publicly accessible avenues of communication through the Services are
public and not private communications. Therefore, we strongly encourage you to
use caution before disclosing any personal information about yourself in your
public communications. We are not responsible for information that you choose
to communicate to other users or members, or for the actions of other users or
members, and you agree to indemnify us and hold us harmless from any losses,
liabilities, damages or expenses you may incur due to such communications or
actions. Except as provided in our Privacy Policy, once you post, send or
otherwise make publicly available any Content through the Services
("Personal Content"), you expressly grant us, and hereby represent
that you have the right to grant us, a perpetual, irrevocable, world-wide,
assignable, sub-licensable, and transferable right and license to quote,
re-post, use, copy, reproduce, modify, create derivative works of, incorporate
into other works, distribute, transmit, broadcast, communicate, publicly
display, publicly perform and otherwise exploit such Content in any form or
media, anywhere, and without any notice or compensation to you of any kind. You
hereby grant us all consents, rights and clearances to enable us to use such
Personal Content for such purposes. Personal Content may be searchable by, and
you may be able to view and search Personal Content on, different third-party websites
(i.e., search engines).
(b) We
reserve the right, but do not create an obligation on our part, to refuse to
transmit or post, and to disclose, block or remove any Content, including but
not limited to, Personal Content, in whole or in part, that we, in our
discretion, deem to be in violation of these Terms or otherwise harmful to
persons using the Services, regardless of whether this material or its
dissemination is unlawful. We retain the right, but not the obligation, to
monitor all transmissions and postings of Personal Content and other materials
from time to time to investigate or prevent violations of these Terms. In
addition, we may also take reasonable steps, including the limiting or
filtering of the number of emails, chat messages or posts sent or received by a
user or member.
12. Your Conduct. You further
agree not to use the Services to:
(a)
upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b)
harm minors in any way or commit abuse;
(c)
impersonate or misrepresent your affiliation with us, including but not
limited to acting as an employee of us;
(d)
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Services;
(e)
upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(f)
upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any person;
(g)
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "affiliate
marketing codes," "link referral code," or any other form of
commercial solicitation;
(h)
upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software, hardware, networks or telecommunications equipment;
(i)
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users or members of the Services are able
to type, or otherwise act in a manner that negatively affects other users' or
members' ability to engage in real-time exchanges;
(j)
interfere with or disrupt the Services or servers or networks connected
to the Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Services, including using any device,
software or routine to bypass robot exclusion headers;
(k)
violate any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities
exchange, including, but not limited to, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the force of
law;
(l)
provide material support or resources (or conceal or disguise the
nature, location, source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
(m)
"stalk" or otherwise harass another person or user or member;
(n)
collect or store personal data about other users or members without
their consent (including, but not limited to, through the use of scripts, bots
or web crawlers) or upload, post, email, transmit, chat or otherwise disclose
other users' or members' private information; or
(o)
disclose any telephone numbers, street addresses, last names, social
security or social insurance numbers, other identifying numbers, URLs or email
addresses of any user or member, other than your own.
PLEASE REPORT ANY VIOLATIONS OF THESE TERMS TO
US.
13. Member Interactions and Disputes.
(a) YOU ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND SERVICES. YOU
UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO SCREEN OUR USERS OR MEMBERS;
INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR MEMBERS; OR ATTEMPT TO VERIFY THE
STATEMENTS OF OUR USERS OR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS
TO THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR
FUTURE USERS OR MEMBERS. IF YOU FIND OTHER USERS' OR MEMBERS' INFORMATION TO BE
OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE, YOU MAY REPORT THE ABUSE TO US
AT THE ADDRESS PROVIDED ON THE WEBSITE. WE RESERVE THE RIGHT, BUT HAVE NO
OBLIGATION, TO MONITOR OR ARBITRATE DISPUTES BETWEEN YOU AND OTHER USERS OR
MEMBERS OR TO TERMINATE OR BLOCK YOU AND OTHER USERS OR MEMBERS FOR VIOLATIONS
OF THESE TERMS. PLEASE ALSO USE CAUTION, COMMON SENSE, AND SAFETY WHEN USING
THE SERVICES TO INTERACT WITH OTHER USERS AND MEMBERS. We further reserve the
right, but have no obligation, to conduct any credit, criminal or other
background checks using publicly available records, at any time, to confirm
your compliance with these Terms.
(b) In
the event that you have a dispute with one or more other users or members, you
hereby release us, our directors, officers, employees, agents, successors and
assigns from any and all claims, demands, damages (actual and consequential),
losses and liabilities of every kind or nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes. You knowingly, willfully and expressly waive
California Civil Code Section 1542, as well as any law of any other state or
nation of similar import, 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."
14. Termination.
(a) We reserve the right to terminate or
restrict your access to or use of the Services, without notice or liability,
for any or no reason whatsoever. In addition, we may terminate your Account and
any user or member affiliation with us by sending notice to you at the email
address you provide to us, or pursuant to Section 29 below. All decisions
regarding the termination of Accounts shall be made by us in our sole discretion.
We are not required, and may be prohibited, from disclosing to you the reason
for termination of your Account or user or member affiliation.
(b) You may terminate your Account, or user or member
affiliation with us at any time, and termination will be effective immediately
upon receipt of notice in accordance with Section 29.
(c) Upon termination of these Terms for any
reason, the provisions of this agreement shall survive termination in
accordance with their respective terms for a period of one (1) year.
15. DMCA Notice. We strive to
comply with the Digital Millennium Copyright Act of 1998, as amended
("DMCA"), at all times and maintain a repeat offender policy which
may result in the termination of your right to use the Services if you violate
such policy. If you believe that your work has been copied, posted or otherwise
made available through the Services in a way that constitutes copyright
infringement, please notify our DMCA Copyright Agent of your complaint, as set
forth in the DMCA. Please consult the DMCA to confirm these requirements. You
must provide our DMCA Copyright Agent with the following information in
writing, to the extent required by the DMCA: (a) an electronic or physical
signature of the person authorized to act on behalf of the copyright owner that
is allegedly infringed; (b) a description of the copyrighted work that you
claim has been infringed (or, if multiple copyrighted works on a site are
covered by a single complaint, a representative list of the allegedly infringing
works on the site); (c) identification of the material that is claimed to be
infringing and to be removed, and information reasonably sufficient to permit
us to locate the material; (d) information reasonably sufficient to permit us
to contact you, such as your address, telephone number and e-mail address; (e)
a written statement by you that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent or the law; and (f) a statement by you, made under penalty of
perjury, that the above information in your notice and complaint is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf. Please be aware that the foregoing information in your complaint
may be forwarded to the person who provided the allegedly infringing content.
The foregoing information must be submitted to us, as follows:
Subject: GGBV Copyrights
Email: [email protected]
Pursuant to Section 512(f) of the
DMCA, any person who knowingly materially misrepresents that material or
activity is infringing may be subject to liability.
If you believe that your material
has been mistakenly removed or disabled pursuant to this Section 15, you may
submit a "counter notice" by notifying our DMCA Copyright Agent at
the address provided above.
Pursuant to Section 512(f) of the
DMCA, any person who knowingly materially misrepresents that material or
activity was removed or disabled by mistake or misidentification may be subject
to liability.
16. Disclaimer of Warranties. THE
SERVICES ARE PROVIDED "AS-IS, WHERE IS" AND WE EXPRESSLY DISCLAIM ANY
IMPLIED WARRANTIES TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING BUT NOT
LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR USE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS
OF USE FROM DISCLAIMING ANY IMPLIED WARRANTY, SUCH IMPLIED WARRANTY SHALL BE
LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW, AND IF NO SUCH PERIOD
IS REQUIRED, THEN TEN (10) DAYS FROM FIRST USE OF THE SERVICES. WE CANNOT
GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE.
17. Limitation of Liability. IN
NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE,
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS,
DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS' OR
MEMBERS' CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR
DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR
CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER
ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT OF $10.00
U.S.
THE
FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
18. Indemnification. You agree to
indemnify and hold us, our directors, officers, employees, agents, contractors,
licensors and licensees, harmless from any loss, liability, claim, demand or
expense, including but not limited to, reasonable attorney's fees, made by any
third party due to or arising out of your use of the Services or any breach or
violation of these Terms.
19.
U.S.
Export Controls. Software and
Content provided through the Services is subject to
United States
export controls. No
software or Content from the Services may be downloaded or otherwise exported
or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, the Russian Federation or any other country to which
the U.S. has embargoed goods; 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 any such software or
Content, 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.
20. Choice of Law. These Terms
shall exclusively be governed by the laws of the Commonwealth of Massachusetts,
without regard to its conflict of laws rules or principles, and without regard
to its failure to recognize anticipatory breach concepts.
21. Venue. You agree to exclusive
personal and subject matter jurisdiction in the Commonwealth of Massachusetts
and venue in Middlesex
County
, for all
arbitration and other proceedings arising out of these Terms.
22. Arbitration of Disputes. ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER
PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND
US OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PRINCIPALS,
SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS
INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE
RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT
SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION ADMINISTERED BY JAMS before a retired judge in Middlesex
County, Commonwealth of Massachusetts. In the event such a JAMS proceeding is
unavailable for any reason, such disputes shall be governed by the Commercial
Arbitration Rules and the Supplementary Procedures for Consumer Related
Disputes (collectively, "AAA Rules") of the American Arbitration
Association ("AAA"), as modified by these Terms, and will be
administered by the AAA before a single retired judge. The arbitrator shall be
empowered to grant whatever relief would be available in a court under law or
in equity. This Section and Section 23 below are subject to the Federal
Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the
arbitrator shall be final and binding on each of the parties, and may be
entered as a judgment in any court of competent jurisdiction. The arbitration
proceeding will be limited solely to the dispute or controversy between you and
us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE
CLAIMS IN A COURT
OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section 22
shall be deemed to prohibit us from seeking an injunction or other equitable
relief in any court of competent jurisdiction to protect or preserve our
rights.
23. Class Action Waiver. IN ANY
DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER PERSONS OR ENTITIES, OR ARBITRATE ANY
CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN
A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
24. Electronic Communications. By
using the Services, you consent to receiving electronic communications, e.g.,
email, from us. These communications will include notices about your Account
and information concerning or related to the Services. These communications are
part of your relationship with us and you receive them as part of your user or
member affiliation. You agree that any notice, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal
communication requirements, including but not limited to, any requirements that
such communications be in writing.
25. Severability. If any
provision of this Agreement is held to be unenforceable under applicable law, if
such provision is capable of being modified to be made enforceable, then such
provision shall be modified by the court to the extent possible, so that the
intent of the parties in making this Agreement is fulfilled; however, if the
same is not modifiable, any such provision shall then be excluded from this
Agreement, and the balance of this Agreement shall be interpreted as if such
provision was so excluded and shall be enforceable in accordance with its
modified terms.
26. Merger; Translations. These
Terms represent the entire understanding between the parties with respect to
the subject matter hereof and supersede all previous and contemporaneous understandings,
written, oral or implied. Where we have provided you with a translation of the
English language version of these Terms, then you agree that the translation is
provided for your convenience only and that the English language version of
these Terms will govern your relationship with us. If there is any
contradiction between the English language version of these Terms and any
translation, the English language version shall control.
27. Force Majeure. Neither you
nor we shall be held responsible for any delay or failure in performance
hereunder caused by acts of God (or natural disasters), terrorism, strikes,
embargoes, fires, war, or other causes beyond the affected party's reasonable
control.
28. Construction. The headings
used herein are for convenience only and shall not be deemed to define, limit
or construe the content of any provision of these Terms. The meanings given to
terms defined herein will be equally applicable to both the singular and plural
forms of such terms. Whenever the context may require, any pronoun includes the
corresponding masculine, feminine and neuter forms.
29. Notices. Except as explicitly
stated otherwise, legal and other notices (including but not limited to notices
of legal proceedings) shall be delivered to us at:
Subject: GGBV Legal
Email: [email protected]
or to you at the email address
you use to communicate with, or otherwise provide, to us at any time you have
communicated with us, whether directly, or by posting through the Services.
Physical notices shall be effective when received. Email notices allowed
hereunder shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. In addition, we
may provide notice by certified mail, postage prepaid and return receipt
requested. In such case, notice shall be deemed given when received.
30. Waiver. Failure to enforce
any provision of these Terms shall not constitute a waiver of any term hereof.
No waiver of a breach of any provision of these Terms shall constitute a waiver
of any prior, concurrent or subsequent breach of the same or any other
provision hereof, and no waiver shall be effective unless granted in writing
and signed by an authorized representative of us at our director level or
above.
31. Repose of Claims. You agree
that any claim or cause of action arising out of or related to these Terms, or
your use of the Website and/or Services must be filed within one (1) year after
such claim or cause of action arose, regardless of equitable tolling
principles, or delay in the time the cause of action may have been discovered,
or be forever barred.
32. Non-Assignment. You may not
sell, assign or transfer any of your rights or obligations under these Terms
without our prior written consent. We may assign or transfer our rights and
obligations under these Terms at any time without restriction and without
notice or consent.
33. Incorporation. All other terms and conditions stated on our
Legal Issues pages are expressly incorporated herein and made a part hereof, as
if the same had been repeated herein verbatim.
Where any term or condition incorporated into this Agreement touches
upon similar or identical subject matter, the provisions are to be read in
accordance with each other and cumulatively, in favor of enforcing any and all
elements of both provisions. All rights
in this Agreement are intended to be cumulative, and not exclusive, in favor of
us. Where two or more provisions are in
conflict and the same cannot be reconciled in the manner described, then the
more exhaustive provision, or the provision more favorable to us, shall
control.
34. Privacy Policy. We do not collect, store or use personally identifiable data concerning our users, members or account holders. We do collect and review general usage data that does not identify the user, but may identify the Services utilized, the software utilized and the location from which the user accessed the Services. We use third party vendors for web hosting, provision of a forum facility, provision of commentary facilities and provision of chat facilities. These vendors may collect personally identifiable data. You agree to their respective Terms of Use and Privacy Policies by using or accessing said facilities. We encourage you to familiarize yourself with their respective Terms and Policies before using or accessing these features. We are in no manner liable for any of the content, availability, terms, practices or policies of said third-party vendors.
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