GirlsAskGuys Terms of Use
These "Terms of Use" set forth the terms and conditions that apply to
your use of GirlsAskGuys or any subdomain, collectively the "Website".
The GirlsAskGuys service is operated by GirlsAskGuys, collectively "us",
"we" or "the company". By using or accessing the Website you,
the "user" have read, understand and agree to comply with all of the Terms
of Use, "Terms of Use", "Agreement", set forth herein, whether
or not you are a registered user in GirlsAskGuys. GirlsAskGuys reserves the right
to change, modify, update, add, or delete parts of Terms of Use, at our sole discretion,
at anytime without further notice. When Terms of Use is updated, the changes will
be posted on this page, along with a date the Terms were last revised at the top
of the page. Users of the website are responsible to regularly check the Terms of
Use to see if there have been any changes and review such changes. Your continued
use of the website or any services after any such changes constitutes your understanding
and acceptance of the new Terms of Use. Users who do not agree and accept the Terms
of Use should not use or access or continue to use or access the Website. The right
to use the Web Site is personal to you and is not transferable to any other person
or entity.
Please read the Terms of Use carefully as they contain important information regarding
your legal right, remedies and obligations. These include various limitations and
exclusions, and a dispute resolution clause that governs how disputes will be resolved.
USER ELIGIBILITY
GirlsAskGuys is intended solely for users who are sixteen (16) years of age or older.
Any registration by, use of or access to the Website by anyone under 16 is unauthorized,
unlicensed and is in violation of these Terms of Use. By using the Service or the
Website, you represent and warrant that you are 16 or older and that you understand,
agree to and to abide by all of the terms and conditions of this Agreement. Membership
in the Service is void where prohibited.
USER REGISTRATION DATA
In consideration of your use of the Site, you agree to
(a) provide accurate, current and complete information about you as may be prompted
by any registration forms on the Site ("Registration Data");
(b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information
you provide to Company, to keep it accurate, current and complete; and
(d) be fully responsible for all use of your account and for any actions that take
place using your account.
PROPRIETARY PROPERTY RIGHTS, COPYRIGHTS, LIMITED LICENSE, TRADEMARKS
A. All materials contained on the Web Site and available through the Service, including
but not limited to content, designs, text, graphics, pictures, video, information,
applications, software, music, sound and other files, and their selection and arrangement,
the "Site Content", are the proprietary property of the Company, its users
or its licensors with all rights reserved. Copyrighted February 14, 2007. All rights
reserved.
B. No person is authorized to use, copy, distribute, frame, reproduce, republish,
download, display, post, transmit or sell any Site Content in any form or by any
means, in whole or in part, without obtaining a prior written permission from GirlsAskGuys,
except that the foregoing does not apply to your own User Content that you legally
post on the Site. Provided that you are eligible for use of the Site, you are granted
a limited license to access and use the Site and the Site Content and to download
or print a copy of any portion of the Site Content to which you have properly gained
access solely for your personal, non-commercial use, provided that you keep all
copyright or other proprietary notices intact. Except for your own User Content,
you may not upload or republish Site Content on any Internet, Intranet or Extranet
site or incorporate the information in any other database or compilation and any
other use of the Site Content is strictly prohibited.
Such license is subject to these Terms of Use and does not include use of any data
mining, robots or similar data harvesting or extraction methods. Any use of the
Site or the Site Content other than as specifically authorized herein, without the
prior written permission of Company, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable laws including
without limitation copyright and trademark laws and applicable communications regulations
and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall
be construed as conferring any license to intellectual property rights, whether
by estoppel, implication or otherwise. This license is revocable at any time without
notice and with or without cause.
C. GIRLSASKGUYS, GUYSASKGIRLS, GIRLS ASK GUYS, THE GIRLS ASK GUYS, GUYS ASK GIRLS,
THE GUYS ASK GIRLS, GirlsAskGuys.com, GuysAskGirls.com and other Company graphics,
logos, designs, page headers, button icons, scripts and service names that identify
and represent the goods and/or services provided by the company are registered trademarks,
trademarks and/or service marks or trade dress of Company in the U.S. and/or other
countries. These Company's trademarks and trade dress may not be used, including
as part of trademarks and/or as part of domain names, in connection with any product
or service in any manner that is likely to cause confusion and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of
GirlsAskGuys.
D. We respect the intellectual property rights of others for the proprietary content
that they own or control and we prohibit users from uploading, posting or otherwise
transmitting on the GirlsAskGuys website or service any materials that violate another
party's intellectual property rights. When proper Notification of Alleged Copyright
Infringement is received, we promptly remove or disable access to the allegedly
infringing material and terminate the accounts of repeat infringers as described
herein in accordance with the Digital Millennium Copyright Act. If you believe that
any material on the Site constitutes copyright infringement for proprietary material
that you own or control, you may send a written notification of such infringement
to us at privacy@girlsaskguys.com.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, GirlsAskGuys has adopted a policy of terminating, in appropriate circumstances
and at Company's sole discretion, users who are deemed to be repeat infringers.
Company may also at its sole discretion limit access to the Site and/or terminate
the memberships of any users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
E. All other trademarks, trade names, service marks, service names are the property
of their respective holders, including but not limited to, the following: "Meebo"
is a registered trademark of Meebo, Inc.
USER CONDUCT AND ACTIVITY
You understand that the Website, Services and Goods are available for personal,
non-commercial use only. You represent, warrant and agree that no materials of any
kind submitted through your account or otherwise posted, transmitted, or shared
by you on or through the Service will violate or infringe upon the rights of any
third party, including copyright, trademark, privacy, publicity or other personal
or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
GirlsAskGuys reserves the right to remove offending, harmful, defamatory, threatening,
unlawful, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent,
invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise
objectionable content from the site and terminate the Membership of such violators.
GirlsAskGuys reserves the right to investigate and take appropriate legal action
against anyone who violates this provision, including without limitation, reporting
you to law enforcement authorities. Prohibited Activities and Content include, but
are not limited to, in the sole discretion of GirlsAskGuys;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly
available content that contains nudity, violence, or offensive subject matter, or
is offending, harmful, defamatory, threatening, unlawful, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights,
hateful, or racially, ethnically or otherwise objectionable;
- harassing or intimidating another person;
- exploiting people in a sexual manner;
- soliciting information from anyone under the age of 18;
- soliciting passwords, personally identifying information for commercial or unlawful
purposes;
- furthering or promoting any criminal activity.
- using the Service or the Site in any unlawful manner or in any other manner that
could damage, disable, overburden or impair the Site;
- registering for more than one User account, for a User account on behalf of an
individual other that yourself, or registering for a User account on behalf of any
group or entity;
- conducting criminal or tortuous activity, including child pornography, fraud,
trafficking in obscene material;
- using automated scripts to collect information from or otherwise interact with
the Service or the Site;
- advertising to, or solicitation of, any other user of the Website by means of
unauthorized advertising including but not limited to solicitations, promotional
materials, "junk mail", "Spam", "chain letters", "pyramid
schemes" or any other form of solicitation;
- impersonating a person or entity other than you;
- misrepresenting or falsely stating yourself, your age or your affiliation with
any person or entity;
- using any information obtained from the GirlsAskGuys site in order to harass,
abuse, or harm another person;
- collecting email addresses or other contact information of other users from the
Service or the Site by electronic or other means for the purposes of sending unsolicited
emails or other unsolicited communications;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly
available any videos, pictures, images, music, sound files other than those that
are yours, your friends', are created, taken, recorded, captured by you or your
friends;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly
available on the Site any private information of any third party, including, but
not limited to addresses, phone numbers, email addresses, Social Security numbers
and credit card numbers;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly
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 or hardware or telecommunications equipment;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly
available content that would constitute, encourage or provide instructions for a
criminal offense, violate the rights of any party, or that would otherwise create
liability or violate any local, state, national or international law;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly
available content that, in the sole judgment of Company, is objectionable or which
restricts or inhibits any other person from using or enjoying the Site, or which
may expose Company or its users to any harm or liability of any type.
You acknowledge that other users of the Site may elect to receive a notification
from the Service when you sign in or when you post, upload, transmit, share, store
or otherwise make Content publicly available and that users may send you instant
messages and other information via the Service, including Meebo IM. If you desire
to block the notification feature of the Service sent to other users or if you don't
want to receive messages from such users, you can enable the "Block" feature of
the Service. The "Block" feature allows you to create a list of users you wish to
block, which you can review and edit from time to time. If you choose to block a
user with "Block" feature, it does not guarantee the blocking of said user. Your
ability to send and receive messages, post, upload, transmit, share, store or otherwise
make Content publicly available, may be blocked by GirlsAskGuys and by other users,
which may partially or wholly limit your ability to use the Service. By using the
Service, you agree that GirlsAskGuys has no responsibility for assessing or resolving
any disputes arising from a user's ability to block, send messages, or otherwise
use the Service.
You understand and agree to and abide by, without limitation, not to use the Site
in a manner that constitutes a prohibited conduct/activity as outlined above.
GIRLSASKGUYS XPER POINTS
Xper Points can be removed from any user with or without a reason, or a notice and
the Point System can be cancelled or discontinued anytime at sole discretion of
GirlsAskGuys. Xper Points awarded have no cash value and cannot be redeemed for
cash or used as payment for any obligations owed to Issuer, including as credit
against your Account. Xper Points earned by you may not be transferred to another
person or another user account. A user can redeem up to 2 awards per month.
CONTENT POSTED ON GIRLSASKGUYS
You are solely responsible for the questions, answers, comments, editorials, photos,
profiles, messages, notes, text, information, music, video, advertisements, listings,
Meebo IM participation and other content that you upload, publish or display (hereinafter,
"post") on or through the Service or the Site, or transmit to or share
with other users (collectively the "User Content"). You may not post,
transmit, or share User Content on the Site or Service that you did not create or
that you do not have permission to post. You understand and agree that the Company
may, but is not obligated to, review the Site and may modify, change, moderate partially
or as a whole, delete or remove (without notice) any Site Content or User Content
in its sole discretion, for any reason or no reason, including without limitation
User Content that in the sole judgment of the Company violates this Agreement or
which might be offensive, illegal, or that might harm, violate the rights of, or
threaten the safety of users or others. You are solely responsible at your sole
cost and expense for creating backup copies and replacing any User Content you post
or store on the Site or provide to the Company.
You understand that when you upload, post, transmit, share, store or otherwise make
Content publicly available, other online users will have access to this Content.
When you post User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and storage
of the User Content on the Site. By posting User Content to any part of the Site,
you automatically grant, and you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully
paid, worldwide license (with the right to sublicense) to use, copy, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part), stream, store,
retain, transmit, scan, modify, edit, adapt and distribute such User Content for
any purpose on or in connection with the Site or the promotion thereof, to prepare
derivative works of, or incorporate into other works, such User Content, and to
grant and authorize sublicenses of the foregoing. You may remove your User Content
from the Site at Company's sole discretion. GirlsAskGuys is not responsible for
any failure or delay in removing User Content. If Company chooses to remove your
User Content, the license granted above will automatically expire; however you acknowledge
that the Company may retain archived copies of your User Content. Girls Ask Guys
assumes no responsibility for monitoring the site for inappropriate Content or conduct,
including the content of any messaging on or through Meebo Instant Messaging, or
Other Messaging. If at any time we choose, in our sole discretion, to monitor the
Website, we nonetheless assume no responsibility for the Content, no obligation
to modify or remove any inappropriate Content, and no responsibility for the conduct
of the User submitting any such Content.
GirlsAskGuys.com is pleased to offer health and fitness information, but please
be advised that this information should NOT be your only source when making health
and wellness decisions. Information from GirlsAskGuys.com should not be used for
diagnosing or treating a particular health problem or disease, nor should it take
the place of a consultation with your healthcare professional. GirlsAskGuys.com
advises you to consult a physician, therapist, or appropriate medical provider prior
to making any health and fitness decisions, including initiating a new nutritional
plan, fitness routine, or treatment regimen. Links to other sites are provided as
a convenience to members. GirlsAskGuys.com is not responsible for the content found
on linked sites.
GIRLSASKGUYS MOBILE SERVICES
The Service includes certain services that are available via your mobile phone,
including
- the ability to upload content to GirlsAskGuys via your mobile phone,
- the ability to receive and reply to GirlsAskGuys messages,
- the ability to browse GirlsAskGuys from your mobile phone,
(collectively the "Mobile Services"). We do not charge for these Mobile
Services. However, your carrier's normal messaging, data and other rates and fees
will still apply. You should check with your carrier to find out what plans are
available and how much they cost. Not all Mobile Services may work with all carriers
or devices. Therefore, you should check with your carrier to find out if the Mobile
Services are available for your mobile devices, and what restrictions, if any, may
be applicable to your use of such Mobile Services. By using the Mobile Services,
you agree that we may communicate with you regarding Girls Ask Guys and other entities
by SMS, MMS, text message or other electronic means to your mobile device and that
certain information about your usage of the Mobile Services may be communicated
to us.
LINKS TO AND CONTENTS OF THIRD PARTY WEB SITES
GirlsAskGuys may provide hyperlinks to other websites ("Third Party Sites")
as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software and other content or items belonging
to or served by third parties, as a convenience to users of the Web Site. GirlsAskGuys
does not control third-party web sites and is not responsible for the contents of
any linked-to, third-party web sites or any hyperlink in a linked-to web site. GirlsAskGuys
does not monitor, investigate, check for accuracy, appropriateness, legality, safety,
reliability, timeliness, innocuousness, or completeness, or endorse, recommend,
or approve any third-party web site or its contents, hyperlinked from the Web Site.
GirlsAskGuys will have no liability to any entity for the content or use of the
content, software or third party applications available through such hyperlink.
Users leave the Website and access the Third Party Sites and their contents at their
own discretion and risk and should be aware that GirlsAskGuys Terms no longer apply
on such Third Party Sites.
PRIVACY
GirlsAskGuys take privacy or its users very seriously. Please review our
Privacy Policy for more information. By using the Website, users understand
the potential cross-border nature of communications made using the Services and
acknowledge that using the Services may result in interstate and international transmission
of data and agree to have their personal data transferred, processed and kept in
the United States.
DISCLAIMERS
The Company is not responsible or liable at anytime, in any manner for any User
Content or Third Party Applications, Software or Content posted on the Site or in
connection with the Service, whether posted or caused by users of GirlsAskGuys by
third parties or by any of the equipment or programming associated with or utilized
in the Site or the Service. The
Company is not responsible for user conduct, whether online or offline, what users
post or share on the site, including the nature of such postings. Users use the
services of the site at their own risk and should be aware that they might encounter
offensive, inappropriate, obscene, unlawful or otherwise objectionable content on
the Website or in connection with any User Content or Third Party Applications,
Software or Content.
The Site and the Service may be temporarily unavailable from time to time due to
maintenance, outage, technical malfunction or other reasons. Company assumes no
responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, User communications. The Company is not
responsible for any technical malfunction or other problems of any telephone network
or service, computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or traffic
congestion on the Internet or at any Site or combination thereof, including injury
or damage to User's or to any other person's computer, mobile phone, or other hardware
or software, related to or resulting from using or downloading materials in connection
with the Web and/or in connection with the Service, including without limitation
any Mobile Service. Under no circumstances will GirlsAskGuys be responsible for
any loss or damage, including any loss or damage to any User Content or personal
injury or death, resulting from anyone's use of the Site or the Service, any User
Content or Third Party Applications, Software or Content posted on or through the
Site or the Service or transmitted to Users, or any interactions between users of
the Site, whether online or offline.
Important: GirlsAskGuys cannot and does not assume responsibility or guarantee the
accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality
of anything said, written, posted, displayed or otherwise made available by any
user, including answers, opinions and advice submitted by members, and we recommend
that you use common sense when following any advice, opinions, instructions or statements
or any other Content found on the website.
THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM GIRLSASKGUYS,
ITS MEMBERS AND THIRD-PARTY INFORMATION PROVIDERS. THIS CONTENT IS FOR INFORMATIONAL
AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE WEBSITE AT YOUR OWN RISK. WE STRONGLY
URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD
BEFORE USING ANY OF THE CONTENT ON THE SITE.
THE SITE, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE
COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE
AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE.
COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE
SITE, OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR
THAT THE SITE OR SERVICE ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE,
CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT
VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD
OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR
USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA
OR OTHER HARM OF ANY KIND THAT MAY RESULT.
NEITHER GIRLSASKGUYS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES,
INFORMATION PROVIDERS OR CONTENT PROVIDERS HAVE ANY LIABILITY FOR YOUR PERSONAL,
PSYCHOLOGICAL, MEDICAL, HEALTH, DIETARY, NUTRITIONAL, FINANCIAL, INVESTMENT, LEGAL
OR OTHER DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT ON THE
WEBSITE.
Without limiting any of the foregoing, GirlsAskGuys makes the following specific
disclaimers for the following categories of information:
MEDICAL, PSYCHOLOGICAL & HEALTH INFORMATION: The content found on the website is
not medical, psychological or health advice and should not be used to diagnose,
treat or cure any medical or health condition nor does it create any kind of doctor-patient
or health/medical/psychological advisor relationship. You should NOT rely upon the
medical, psychological, health, dietary, nutritional or other professional or non-professional
information or opinions provided and you should always speak to your personal health
care provider before beginning, changing or stopping any medication or any treatment.
You are solely responsible for any decisions, omissions or actions you take or do
not take.
INVESTMENT & FINANCIAL INFORMATION: The content found on the website is not financial
or investment advice nor does it create any kind of investment advisor or financial
advisor relationship. You should NOT rely upon the financial and investment information
or opinions provided herein and you should conduct your own independent research
and consult with your personal investment advisor before making an investment or
financial decision. You are solely responsible for any investment and financial
decisions, omissions or actions you take or do not take.
LEGAL INFORMATION: The content found on the website is not legal advice nor does
it create any kind of attorney-client or legal advisor relationship. You should
NOT rely upon the legal information or opinions provided and you should consult
with your personal legal advisor; this site is not a substitute for an in-person
consultation with an attorney, as the applicability of the legal principles discussed
at this site may differ substantially in individual situations or in different states
or countries. You are solely responsible for any legal decisions or actions you
take or omissions you commit.
The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services offered through the Site at
any time without notice. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or otherwise does
not constitute or imply endorsement, sponsorship or recommendation thereof, or any
affiliation therewith, by Company.
NO REPRESENTATIONS OR WARRANTIES, LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING
FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS
ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT
IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT
IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE
RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES
OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
TERMINATION
The Company may terminate your membership, delete your profile and any content or
information that you have posted on the Site or through any other Service and/or
prohibit you from using or accessing the Service or the Site (or any portion, aspect
or feature of the Service or the Site) for any reason, or no reason, at any time
in its sole discretion, with or without notice, including without limitation if
it believes that you are under 16. When we are notified that a user has died, we
will generally, but are not obligated to, keep the user's account active under a
special memorialized status for a period of time determined by us to allow other
users to post and view comments. The following sections will survive any termination
of your use of the GirlsAskGuys Service: Prohibited Conduct, User Content, Your
Privacy Practices, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes;
Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination
and Changes to the GirlsAskGuys Service, Arbitration, Governing Law; Venue and Jurisdiction
and Other.
JURISDICTION
By visiting or using the Site and/or the Service, you agree that the laws of the
State of Missouri, without regard to principles of conflict of laws, will govern
these Terms of Use and any dispute of any sort that might arise between you and
the Company or any of our affiliates. With respect to any disputes or claims not
subject to arbitration (as set forth below), you agree not to commence or prosecute
any action in connection therewith other than in the state and federal courts of
Missouri, and you hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non convenient with respect to, venue and jurisdiction in
the state and federal courts of Missouri.
ARBITRATION
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC
SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE
AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY
WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING
YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING
ARBITRATION, except that to the extent that either of us has in any manner infringed
upon or violated or threatened to infringe upon or violate the other party's patent,
copyright, trademark or trade secret rights, or you have otherwise violated any
of the user conduct rules set forth above or in the Code of Conduct then the parties
acknowledge that arbitration is not an adequate remedy at law and that injunctive
or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration Rules and, in
the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related
Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules").
The location of the arbitration and the allocation of costs and fees for such arbitration
shall be determined in accordance with such AAA Rules and shall be subject to the
limitations provided for in the AAA Consumer Rules (for consumer disputes). If such
costs are determined to be excessive in a consumer dispute, the Company will be
responsible for paying all arbitration fees and arbitrator compensation in excess
of what is deemed reasonable. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER
THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING
ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE,
AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim,
action or proceeding by you related in any way to the Site and/or the Service (including
your visit to or use of the Site and/or the Service) be instituted more than three
(3) years after the cause of action arose.
INDEMNITY
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection
with any User Content, any Third Party Applications, Software or Content you post
or share on or through the Site (including without limitation through the Share
Service), your use of the Service or the Site, your conduct in connection with the
Service or the Site or with other users of the Service or the Site, or any violation
of this Agreement or of any law or the rights of any third party.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Site or the Service ("Submissions"), provided
by you to Company are non-confidential and shall become the sole property of Company.
Company shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
to you.
OTHER
These Terms of Use constitute the entire agreement between you and Company regarding
the use of the Site and/or the Service, superseding any prior agreements between
you and Company relating to your use of the Site or the Service. The failure of
Company to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision in that or any other instance.
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect. If any provision of these Terms of Use
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Updated: 3/15/2016