Terms and Conditions of Use and Membership
You must read and agree to these terms and conditions before your subscription can be activated. Please read them carefully. "TPG Website" is the interactive on-line service operated by The Pixyl Group, Inc. ("TPG") on the World Wide Web of the Internet, consisting of information services and content provided by TPG, affiliates of TPG and other third parties.
For good and valuable consideration, the sufficiency of which is acknowledged by you and the TPG, you hereby agree to become a subscriber to TPG (the "Service"), and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are ("You" or "Subscriber"), and the owner of TPG (the "Company"). Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide you all the privileges of a subscription to this site available to a Subscriber in good standing. This Agreement is subject to change by the Company at any time, and changes are effective upon notice to the Subscriber by e-mail, posting at or via hyperlink to this site, or by mail.
ALL MATERIALS, INCLUDING GRAPHIC FILES, AUDIO FILES, VIDEO FILES, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, AND OTHER SOFTWARE THAT COMPANY PROVIDES CONTAINED AT THIS SITE (COLLECTIVELY "MATERIALS") ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS WHO ARE IN LOCATIONS WHERE SUCH MATERIALS DO NOT VIOLATE COMMUNITY STANDARDS OR ANY APPLICABLE LOCAL, STATE OR NATIONAL LAW OR REGULATION. THIS INCLUDES, IF APPLICABLE, THE LAWS AND REGULATIONS OF THE UNITED STATES OR ANY OTHER COUNTRY.
YOU HEREBY WARRANT AND AFFIRM THAT IT IS LEGAL TO VIEW THE MATERIALS WHERE YOU ARE LOCATED.
YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM THIS SITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN AND/OR TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.
NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THIS SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THIS SITE. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
(A) This Agreement, which incorporates by reference other provisions applicable to use of the TPG website, including, but not limited to, supplemental terms and conditions set forth in paragraph 1 though 13 hereof ("Terms") governing the use of certain specific material contained in the TPG website, sets forth the terms and conditions that apply to use of the TPG website by Subscriber. By using the TPG website (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use the TPG website is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) TPG shall have the right at any time to change or discontinue any aspect or feature of the TPG website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
TPG shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of the TPG website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the TPG website, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the TPG website by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
5. Subscriber Conduct.
(A) Subscriber shall use the TPG website for lawful purposes only. Subscriber shall not post or transmit through the TPG website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TPG's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in TPG's discretion restricts or inhibits any other Subscriber from using or enjoying the TPG website will not be permitted. Subscriber shall not use the TPG website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the TPG website.
(B) The TPG website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the TPG website are copyrighted as a collective work under the United States copyright laws. TPG owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber 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. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TPG and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on the TPG website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the TPG website, Subscriber automatically grants, or warrants that the owner of such material has expressly granted TPG the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants TPG the right to edit, copy, publish and distribute any material made available on the TPG website by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of TPG, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Payment for the Service provided to you at and/or through this site may be made by automatic credit card or check debit and you hereby authorize the Company and/or its authorized agents to transact such payments on your behalf. Unless you have good reason to believe the credit card (or other approved facility) you use to purchase your subscription is lost or stolen, you agree not to report that credit card (or other approved facility) as lost or stolen. Nor will you dispute any authorized charge by Company and/or its authorized agents. You agree and acknowledge that if you fraudulently report the credit card (or other approved facility) used to obtain the Service or goods from the Service as stolen, or if you fraudulent report that an authorized charge by the Company and/or its authorized agents is unauthorized, you shall be liable to the Company and/or its authorized agents for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
(A) Trial Subscriptions: If you purchase a trial subscription, you hereby agree that the Company and/or its authorized agents may immediately authorize your credit card (or other approved facility) in the amount equal to the then-current monthly rate. The Company and/or its authorized agents will only charge that amount to your credit card (or other approved facility) if you elect not to terminate your trial subscription prior to becoming a regular subscriber. If you purchase a trial subscription, and decide to terminate your trial subscription, you must do so prior to the end of the Trial Period and you will not be charged any further. If you do not cancel prior to the end of the Trial Period, you are agreeing to continue as a regular subscriber upon the terms and conditions for regular subscriptions set forth herein, and you authorize the Company and/or its authorized agents to charge your credit card (or other approved facility) at the then-current monthly rate on a monthly basis until you request termination of your subscription according to the terms hereof. If you have a question about a transaction on your credit card statement, or wish to cancel a trial subscription, please click here to contact Customer Service.
(B) Regular Subscriptions: If you purchase a regular subscription, or if you do not cancel your Trial subscription prior to the end of the trial period, you authorize the Company and/or its authorized agents to charge your credit card (or other approved facility) for periodic subscription fees according to the then-current billing terms for the Service. You are responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are earned upon receipt and are non-refundable whether or not termination is at your request. For your convenience and satisfaction, all Subscriptions will automatically renew until cancelled. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by you up to and until termination of the Service. If you have a question about a transaction on your credit card statement, or wish to cancel a subscription, please click here to contact Customer Service.
(C) Refund Policy: The Company manages the credit and refund policy for these websites on a case-by-case basis to determine the best course of action pursuant to the customer's issue. Please click here to for more information on our refund policy.
(D) Terminating Subscriptions: the Company and/or its authorized agents may terminate your Subscription at any time, and without cause. If you wish to terminate your subscription you must either provide the Company and/or its authorized agents notification by email at email@example.com, fax at (678) 935-3961, or by telephone (888) 357-3693. You agree to be personally liable for all charges incurred by you during or through the use of this site. Your liability for such charges shall continue after termination of your membership for any reason.
(E) Subscriptions Are Non-Transferable: Subscriptions may not be assigned or transferred to any other person or entity nor may you provide any other person or entity access to your subscription, either directly or indirectly. This includes, but is not limited to, sending your username and/or password to other parties and making your username and/or password available where others may access them. You must keep your password strictly confidential. Allowing others to gain unauthorized access to this site is a breach of this Agreement and a violation of law.
(F) Notice To The Company:
You must promptly inform the Company and/or its authorized agents of the following: changes in the expiration date of any credit card used in connection with this site; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until the Company and/or its authorized agents are notified, by email, web-site form, fax or by telephone to this site's Customer Service Department (888) 357-3693 of a breach in security, you will remain liable for any unauthorized use of this site. The Company and/or its authorized agents will provide you, upon request, access to billing records that support charges for use of this site
7. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF the TPG WEBSITE IS AT SUBSCRIBER'S SOLE RISK. NEITHER TPG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT the TPG WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF the TPG WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH the TPG WEBSITE.
(B) THE TPG WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT TPG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL TPG, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING the TPG WEBSITE OR THE the TPG WEBSITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE the TPG WEBSITE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON the TPG WEBSITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TPG, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN the TPG WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. TPG, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, TPG, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
TPG shall have the right, but not the obligation, to monitor the content of the TPG website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by TPG and to satisfy any law, regulation or authorized government request. TPG shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the TPG website. Without limiting the foregoing, TPG shall have the right to remove any material that TPG, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless TPG, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the TPG website by Subscriber or Subscriber's Account.
Either TPG or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, TPG shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which TPG, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.
TPG website is trademarks of The Pixyl Group, Inc., a Georgia Corporation. All rights reserved. All other trademarks appearing on the TPG website are the property of their respective owners.
12. Third Party Content.
TPG is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, TPG has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of the TPG website, are those of the respective author(s) or distributor(s) and not of TPG. Neither TPG nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the TPG website represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with TPG. TPG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the TPG website by anyone other than authorized TPG employee spokespersons while acting in their official capacities. Under no circumstances will TPG be liable for any loss or damage caused by a Subscriber's reliance on information obtained through the TPG website. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the TPG website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for the TPG website established by TPG constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia , without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If the Company should at any time provide any service which enables you to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using this site or other services provided to you by Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to this site. You are solely responsible for all information that you submit, publish, display, disseminate or otherwise communicate through this site even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access this site and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to Company directly or through this site can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
Notices from this site to Subscribers may be given by means of e-mail, by general posting on this site, or by conventional mail. Communications from you to the Company may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to this site may be sent in the following manner:
a. By means of the website form; or
b. By telephone to this site's Customer Service Department during normal business hours to (888) 357-3693.
You are responsible for providing all personal computer and communications equipment necessary to gain access to you Subscription. Access to and use of you Subscription is through the use of a password.
This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of this site, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of Georgia, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
14. Copyrights and Copyright Agent.
TPG respects the rights of all copyright holders and in this regard, TPG has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders.
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