Binding Effect; Modifications to these Terms and Conditions
This is a binding agreement. By using the Site or any services provided in connection with the Site, you agree to abide by these Terms and Conditions, as they may be amended by The TIG from time to time in its sole discretion. The TIG reserves the right to make changes to these Terms and Conditions at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Site. Any use by you of the Site after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Modifications to the Site
The TIG shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, hours of availability, and equipment needed for access or use.
Copyrights, Trademarks and Other Proprietary Rights
All content on the Site, including text, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under the United States copyright laws and The TIG owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, The TIG, and/or affiliated companies. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by The TIG or by any third party.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of The TIG and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Communications to the Site
You hereby grant to The TIG a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicenseable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by email, posting, uploading or otherwise.
Prohibited Activity on the Site
You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by The TIG or generally available browsers. You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (i) are unlawful, harmful, threatening, disparaging, harassing or profane; (ii) restrict or inhibit any other user from using and enjoying the Site; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) solicit personal information of/from others; (v) contain a virus or other harmful component; (vi) contain advertising of any kind; (vii) contain false or misleading indications of origin or statements of fact; (viii) include information you are not authorized to disclose (including trade secrets or inside information about a company); (ix) infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity; (x) impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; (xi) constitute unsolicited or unauthorized solicitations, promotional materials or “junk mail”; or (xii) The TIG, in its sole direction, otherwise determines to be offensive. The TIG reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing The TIG to disclose the identity of, help identify, or locate anyone transmitting any such content.
Monitoring; Copyright Complaints
You agree that The TIG has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, email and other forums that The TIG may offer. Notwithstanding this right, The TIG does not and cannot review all materials posted to the Site by users and The TIG assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, The TIG may investigate an allegation that content transmitted to this Site is in violation of these Terms and Conditions and determine whether to have the communication removed from this Site. However, The TIG is under no obligation to remove content transmitted by third parties from this Site and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, profanity, danger, or inaccuracy contained therein.
The TIG may, in appropriate circumstances and at its discretion, terminate the access of subscribers who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify The TIG by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works, then a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The TIG to locate the material;
• Information reasonably sufficient to permit The TIG to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please send the written communication to the following: firstname.lastname@example.org.
Disclaimer of Warranty; Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY THE TIG ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TIG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE TIG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TIG DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM THE TIG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE TIG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Exclusions and Limitations
Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
You agree to indemnify, hold harmless and, upon request, defend, The TIG, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your browsing or use of the this Site, content you transmit to this Site, your violation of any rights of another, or your breach of these Terms and Conditions. The TIG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of The TIG.
The TIG shall have the right to immediately terminate these Terms and Conditions with respect to any user that The TIG, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
Governing Law and Venue
These Terms and Conditions shall be governed by the laws of the State of California, without respect to its conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California in all disputes arising out of or related to the use of the Site.
If legal proceedings are commenced to enforce any of the provisions of these Terms and Conditions, or any rights existing hereunder, in addition to any damages which may be claimed, the prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees incurred by it in connection with the prosecution or defense of such action.
California Use Only
The Site is controlled and operated by The TIG from its offices in the State of California. The TIG makes no representation that any of the materials or the services to which have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as The TIG’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
These Terms and Conditions sets forth the entire understanding and agreement between you and The TIG with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Site, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Site may not be maximized for use on all devices or in conjunction with third party software and operating systems.
If you have any questions or comments regarding these Terms and Conditions or the Site, please feel free to contact us by e-mail at email@example.com.