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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.
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
Last Updated March 25, 2014, Version 1.0
IMPORTANT LEGAL NOTICE.
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.
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
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.
(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.
(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."
(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
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.
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
FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
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.
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
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
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.