| Terms of Service |
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March 1, 2005 When using www.gotchagirls.com, you agree to the terms and conditions listed on this page (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular www.gotchagirls.com services, you shall be subject to any posted guidelines applicable to such services, including the Sweepstakes Rules and any terms or conditions applicable to www.gotchagirls.com services provided in conjunction with any of www.gotchagirls.com's content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the site and do not register to be a member of www.gotchagirls.com. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the www.gotchagirls.com Service following the posting of changes to these terms (including www.gotchagirls.com's Sweepstakes Rules and Forum Guidelines) will mean you accept those changes. Overview www.gotchagirls.com is a multi-purpose service which allows you to, or may allow you to use or access a wealth of products and services, including e-mail, search services, chat rooms and bulletin boards, shopping services, news, financial information and broad range of other content (collectively the "www.gotchagirls.com Service"). These Terms of Service apply to the www.gotchagirls.com Service as well as any new products or services that Spotlight Pranks, LLC (the “Company”) may add in the future (unless stated otherwise). General Terms of Service and, Restrictions on Use of Materials By using the www.gotchagirls.com Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, the Company reserves the right to terminate your access the www.gotchagirls.com Service. the Company may discontinue or alter any aspect of the www.gotchagirls.com Service, including, but not limited to, (i) restricting the time the www.gotchagirls.com Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the www.gotchagirls.com Service, at the Company’s sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the www.gotchagirls.com Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the www.gotchagirls.com Service. You further certify that you are an individual and, if you are participating in any Sweepstakes or other contest, that you are 18 or older. In order to permit the Company to protect the quality of its products and services, you hereby consent to the Company employees and contractors being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. The Company shall not disclose the existence or occurrence of such an investigation unless required by law. You acknowledge that the www.gotchagirls.com Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that may be considered “adult” in nature, and in all events are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The www.gotchagirls.com name and logo are trademarks of the Company or its licensors. All other trademarks appearing on the www.gotchagirls.com Service are trademarks of their respective owners. The Company’s partners and service providers may also have additional proprietary rights in the content which they make available through the www.gotchagirls.com Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by the Company, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by the Company. The Company, does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Registration If you elect to register to use the www.gotchagirls.com Service and/or participate in the Sweepstakes, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the www.gotchagirls.com Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or the Company has reasonable grounds to suspect that such is the case, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the www.gotchagirls.com Service (or any portion thereof). www.gotchagirls.com's Privacy Policy Pursuant to the Company’s privacy policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service or Sweepstakes Rules. For more information, please see our full Privacy Policy and Sweepstakes Rules. Community Standards and Conduct in www.gotchagirls.com Forums You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you may now, or at any time in the future post, email or otherwise transmit via the www.gotchagirls.com Service. The Company does not control all of the Content posted via the www.gotchagirls.com Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the www.gotchagirls.com Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the www.gotchagirls.com Service. You agree to not use the www.gotchagirls.com Service (including the www.gotchagirls.com Forums described below) to: • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; • harm minors in any way; • impersonate any person or entity, including, but not limited to, a www.gotchagirls.com official, actress, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; • upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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); • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; • upload, post, email or otherwise transmit 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; • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the www.gotchagirls.com Service or an www.gotchagirls.com Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; • interfere with or disrupt the www.gotchagirls.com Service or servers or networks connected to the www.gotchagirls.com Service, or disobey any requirements, procedures, policies or regulations of networks connected to the www.gotchagirls.com Service; • intentionally or unintentionally 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, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; • "stalk" or otherwise harass another member or user of the www.gotchagirls.com Service; or • collect or store personal data about other users, or members. A "Forum" refers to a chat area, bulletin board, "instant messaging" or virtual community offered as part of the www.gotchagirls.com Service. The Company may also provide its users with access to e-mail. The Forums and e-mail shall be used only in a noncommercial manner. You shall not, without the Company’s express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user or member e-mail unless required in the course of normal maintenance of www.gotchagirls.com Service and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on www.gotchagirls.com or the Company; (2) protect and defend the rights or property of www.gotchagirls.com or the Company; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages. All www.gotchagirls.com Forum communications, including chat and bulletin board communications are public and not private communications. Although www.gotchagirls.com reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. Your privilege to use the www.gotchagirls.com Forums and contribute to discussions on the www.gotchagirls.com Forums depends on your compliance with the member conduct guidelines set forth above. The Company may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, the Company in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason. No one under the age of 18 is permitted to have access to www.gotchagirls.com. Please remember, when using any www.gotchagirls.com services or Forums, you agree to abide by the member conduct guidelines set forth above. The Company reserves the right to monitor some, all, or no areas of www.gotchagirls.com Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, www.gotchagirls.com is acting as a passive conduit for such distribution and www.gotchagirls.com is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area. Submissions If at our request you send content (e.g., postings to chat, boards, or contests) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of the Company. None of the Submissions shall be subject to any obligation of confidence on the part of the Company, and the Company shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, the Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Links The www.gotchagirls.com Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. The Company uses diligent efforts to maintain the www.gotchagirls.com Service, but is not responsible for any defects or failures associated with the www.gotchagirls.com Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, the Company makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the www.gotchagirls.com Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the www.gotchagirls.com Service may locate unintended and objectionable content. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE WWW.GOTCHAGIRLS.COM SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. SPOTLIGHT PRANKS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION. SPOTLIGHT PRANKS, LLC MAKES NO WARRANTY THAT THE WWW.GOTCHAGIRLS.COM SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WWW.GOTCHAGIRLS.COM SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WWW.GOTCHAGIRLS.COM SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WWW.GOTCHAGIRLS.COM SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM COMPANY AUTHORIZED PERSONNEL OR THROUGH THE WWW.GOTCHAGIRLS.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. Disclaimer Regarding Shopping Retailers The www.gotchagirls.com Service provides or may provide shopping services to help you locate and potentially purchase products from online and offline retailers. Spotlight Pranks, LLC does not, however, control these independent retailers and does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by www.gotchagirls.com you acknowledge and agree that: Spotlight Pranks, LLC does not endorse any of the products or services ("Merchandise") linked to from or through the www.gotchagirls.com Service, nor has the Company taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through www.gotchagirls.com or their own web sites. The Company expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPOTLIGHT PRANKS, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPOTLIGHT PRANKS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WWW.GOTCHAGIRLS.COM SERVICE AND/OR PARTICIPATE IN THE WWW.GOTCHAGIRLS.COM SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WWW.GOTCHAGIRLS.COM SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WWW.GOTCHAGIRLS.COM SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WWW.GOTCHAGIRLS.COM SERVICE OR OPERATION OF THE WWW.GOTCHAGIRLS.COM SWEEPSTAKES. IN NO EVENT SHALL SPOTLIGHT PRANKS, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPOTLIGHT PRANKS, LLC, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, SUPPLIERS, VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY WWW.GOTCHAGIRLS.COM OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU. Termination and modification You agree that the Company , in its sole discretion, may terminate your password, account (or any part thereof) or use of the www.gotchagirls.com Service, and remove and discard any Content within the www.gotchagirls.com Service, for any reason, including, without limitation, for lack of use or if www.gotchagirls.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. The Company may also in its sole discretion and at any time discontinue providing the www.gotchagirls.com Service, or any part thereof, with or without notice. Subject to any rights you may have under the Sweepstakes Rules, you agree that any termination of your access to the www.gotchagirls.com Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the www.gotchagirls.com Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the www.gotchagirls.com Service. Governing Law and Other Miscellaneous Terms These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and the Company and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of the Company’s successors, assigns and licensees. Copyright Matters The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company Copyright Agent the following information: • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • a description of the copyrighted work that you claim has been infringed; • a description of where the material that you claim is infringing is located on the site; • your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. • Please contact www.gotchagirls.com's Copyright Agent for Notice of claims of copyright infringement on : Stephanie Linde This e-mail address is being protected from spambots. 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