Last Updated: 02/14/2014
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.
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 firstname.lastname@example.org. 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.
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 private messages and other information via the Service. 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 (points awarded for participation on the website) can be removed from any user with or without a reason, or a notice and the Point System can be cancelled, modified 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, opinions, comments, editorials, photos, profiles, messages, notes, text, information, music, video, advertisements, listings, private messaging 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 private 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.
1. NO PURCHASE NECESSARY: Contests (“Contests”) are open to all site members, except employees, moderators, administrators (and their immediate families [spouse, parent, child, sibling and their respective spouses] and household members [whether or not related]) of GirlsAskGuys, LLC. (the “Sponsor”), and its parents, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities (collectively, with the Sponsor, the “Contest Entities”). Void wherever prohibited by law. Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Contest, entrants fully and unconditionally agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”).
2. HOW TO ENTER: From the announced start date of each contest through the announced end date (the “Promotional Period”), Sponsor will conduct Contests encouraging participants to enter for a chance to win a prize. The Contests will be comprised of entering with a submission for a chance to win a prize during the Promotional Period.
To enter the Contests, during the Promotional Period, participants must log in to their user accounts in www.GirlsAskGuys.com and submit an entry for the specific contest they are entering into. To be eligible for a prize all entries must be received no later than 11:59 p.m. ET on the last day of the applicable Entry Period. All entries must be submitted in the name of an individual person and the prize can only be awarded to the person whose name is on the winning entry. Entries generated by script, macro or other automated means will be void. The Contest Entities are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems which may limit or affect a person’s ability to participate in the Contests, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contests, the processing of entries, the announcement of the prizes or in any Contest-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, which corrupt the integrity, administration, security or proper operation of the Contests, Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend the Contests. In the event of cancellation, Sponsor reserves the right to award prizes from among all eligible, non-suspect entries received prior to the event requiring such cancellation. False or deceptive entries or acts will render the entrant ineligible. All entries become the property of the Sponsor and will not be acknowledged or returned. Limit one (1) entry per person or e-mail address per contest. No entrant may win more than one (1) Grand Prize. Sponsor's computer shall be the official timekeeper for all matters related to these Contests.
3. HOW TO WIN: One grand prize winner (collectively, the “Grand Prize Winners”) is selected per Contest the day after the Promotional Period by a representative of GirlsAskGuys, from among all eligible entries received during the applicable Entry Periods. The decision of the judges will be final and binding in all matters. Potential winners will be confirmed by U.S. mail, e-mail, GirlsAskGuys message and/or telephone and must meet all eligibility requirements including the timely execution and return of all necessary releases and documents (if any) required by Sponsor. Grand Prize Winners should receive their prizes within six (6) to eight (8) weeks of notification.
4. PRIZES: One Prize Winner will each receive the announced prize for the contest at an approximate market value of the announced prize value. No substitution or transfer of prizes or cash redemptions permitted by the Grand Prize Winners. Gift certificates are subject to the redemption policies of the gift certificate providers. No substitution or transfer of prizes or cash redemptions permitted by the Grand Prize Winners. Sponsor reserves the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. The Grand Prize Winners are responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded. All prize details are at Sponsor’s sole discretion.
5. GENERAL RULES AND REGULATIONS: By entering these Contests, participants grant Contest Entities and their designees the right, unless prohibited by law, to use their names, cities and states of residences, voices, pictures and likenesses, without compensation, notification or approval, for the purpose of advertising and publicizing the goods and services of the Contest Entities and all matters related to the Contests, in any manner or medium, now or hereafter known, throughout the world in perpetuity. Potential Grand Prize Winners may each be required to execute an affidavit of eligibility, liability release, tax acknowledgment form and, except where prohibited by law, a publicity release and return within five (5) business days of issuance of notification. Noncompliance within this time period or failure of potential winner to respond to a notification attempt within five (5) days of such attempt may result in disqualification and, at Sponsor’s discretion, an alternate winner may be selected. If: (i) any prize or prize notification is returned as undeliverable, (ii) a potential Grand Prize Winner declines his or her prize or (iii) a potential Grand Prize Winner fails to comply with any of the Official Rules as outlined herein, such potential Grand Prize Winner will be disqualified and an alternate winner will be selected by random drawing at the Sponsor’s sole discretion. The Contest Entities expressly disclaim any responsibility and entrants agree to indemnify and hold harmless the Contest Entities from and against any and all claims, actions, demands and/or liability for injury, damage or loss whatsoever relating to or arising in connection with participation in these Contests (regardless of the cause of such injury, damage or loss) and/or the delivery and/or subsequent use or misuse of any of the prizes awarded.
6. OFFICIAL RULES OR WINNERS' LIST: For a copy of the Official Rules or the Winners List (available the day after Promotional Period for the respective Contest), send a self-addressed, stamped envelope (residents of VT need not include return postage on rules requests) to the following address until three (3) months after the Promotional Period of the respective Contest (please specify “Official Rules” or “Winners”) – “GirlsAskGuys.com Contests,” 848 Pennsylvania Ave Apt # 2 St Louis MO, 63130.
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 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. 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.
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. When we are notified that a user has passed away, 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.
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.
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.
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.