A. By using and/or visiting this website (collectively, including all Content available through the gimmiegirlproductions.com domain name, the "Gimmie Girl Productions Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Gimmie Girl Productions's privacy notice, found at http://www.gimmiegirlproductions.com/bodydot/t/privacy and incorporated here by reference. If you do not agree to any of these terms or the Gimmie Girl Productions privacy notice, please do not use the Gimmie Girl Productions Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.gimmiegirlproductions.com/bodydot/t/terms. Gimmie Girl Productions may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the Gimmie Girl Productions Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Gimmie Girl Productions Website includes all aspects of Gimmie Girl Productions, including but not limited to Gimmie Girl Productions channels and the Gimmie Girl Productions "Embeddable Player."
B. The Gimmie Girl Productions Website may contain links to third party websites that are not owned or controlled by Gimmie Girl Productions. Gimmie Girl Productions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Gimmie Girl Productions will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Gimmie Girl Productions from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Gimmie Girl Productions Website and to read the terms and conditions and privacy policy of each other website that you visit.
A. In order to access some features of the Website, you will have to create a Gimmie Girl Productions account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Gimmie Girl Productions immediately of any breach of security or unauthorized use of your account.
B. Although Gimmie Girl Productions will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Gimmie Girl Productions or others due to such unauthorized use.
Gimmie Girl Productions hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Gimmie Girl Productions's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Gimmie Girl Productions's Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or Gimmie Girl Productions Content through any technology or means other than the video playback pages of the Website itself, the Gimmie Girl Productions Embeddable Player, or other explicitly authorized means Gimmie Girl Productions may designate.
D. You agree not to use the Website, including the Gimmie Girl Productions Embeddable Player for any commercial use, without the prior written authorization of Gimmie Girl Productions. Prohibited commercial uses include any of the following actions taken without Gimmie Girl Productions's express approval:
E. Prohibited commercial uses do not include:
F. If you use the Gimmie Girl Productions Embeddable Player on your website, you must include a prominent link back to the Gimmie Girl Productions website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Gimmie Girl Productions servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Gimmie Girl Productions grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gimmie Girl Productions reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. You will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
I. Gimmie Girl Productions reserves the right to discontinue any aspect of the Gimmie Girl Productions Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Gimmie Girl Productions Website.
A. The content on the Gimmie Girl Productions Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Gimmie Girl Productions, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Gimmie Girl Productions reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Gimmie Girl Productions Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Gimmie Girl Productions Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Gimmie Girl Productions Service or otherwise as prohibited under this Agreement.
D. You may access Gimmie Girl Productions Content, User Submissions and other content only as permitted under this Agreement. Gimmie Girl Productions reserves all rights not expressly granted in and to the Gimmie Girl Productions Content and the Gimmie Girl Productions Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Gimmie Girl Productions Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Gimmie Girl Productions Website or the Content therein.
G. You understand that when using the Gimmie Girl Productions Website, you will be exposed to User Submissions from a variety of sources, and that Gimmie Girl Productions is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gimmie Girl Productions with respect thereto, and agree to indemnify and hold Gimmie Girl Productions, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. As a Gimmie Girl Productions account holder you may submit video content ("User Videos"), pictorial content ("Galleries") and textual content ("User Comments"). User Videos, Galleries and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Gimmie Girl Productions does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Gimmie Girl Productions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Gimmie Girl Productions, you hereby grant Gimmie Girl Productions a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Gimmie Girl Productions Website and Gimmie Girl Productions's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Gimmie Girl Productions Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Gimmie Girl Productions Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Gimmie Girl Productions Service. You understand and agree, however, that Gimmie Girl Productions may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Gimmie Girl Productions all of the license rights granted herein.
E. Gimmie Girl Productions does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Gimmie Girl Productions expressly disclaims any and all liability in connection with User Submissions. Gimmie Girl Productions does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Gimmie Girl Productions will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Gimmie Girl Productions reserves the right to remove Content and User Submissions without prior notice.
A. You affirm that all persons who appear in any visual depiction contained in any of your own User Submissions to the Gimmie Girl Productions were 18 years of age or older at the time of the creation of such depictions and are able to provided proof of age as required by law.
B. You affirm that all such visual depictions comply with all laws, regulations and ordinances including, without limitation, Section 2257 of Title 18 of the United States Code and Section 28 of the U.S. Code of Federal Regulations with respect to visual depictions of actually sexually explicit conduct and are soley responsible for providing and appearing as the custodian of records.
C.
You also responsible for maintaining your account contact information up to date for record inspection by appropriate lawful authorities, during normal business hours.
A. Gimmie Girl Productions will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Gimmie Girl Productions reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Gimmie Girl Productions may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Posts, galleries and videos on Gimmie Girl Productions may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material in Gimmie Girl Productions is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml If you wish to use copyrighted material from Gimmie Girl Productions for purposes of your own that go beyond "fair use", you must obtain permission from the copyright owner.
YOU AGREE THAT YOUR USE OF THE Gimmie Girl Productions WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Gimmie Girl Productions, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Gimmie Girl Productions MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Gimmie Girl Productions WEBSITE. Gimmie Girl Productions DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Gimmie Girl Productions WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Gimmie Girl Productions WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL Gimmie Girl Productions, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Gimmie Girl Productions WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Gimmie Girl Productions SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Gimmie Girl Productions from its facilities in the United States of America. Gimmie Girl Productions makes no representations that the Gimmie Girl Productions Website is appropriate or available for use in other locations. Those who access or use the Gimmie Girl Productions Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Gimmie Girl Productions, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Gimmie Girl Productions Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Gimmie Girl Productions Website.
By subscribing to the present web site, you hereby expressly declare: (i) that you are 18 years of age or older; (ii) that you are familiar with all local laws in your area affecting your legal right to access erotic or adult-oriented materials; (iii) that you have the legal right to access adult-oriented materials and DPI Productions Inc. has the legal right to transmit them to you; (iv) that you are requesting adult oriented materials for your own private enjoyment and that you will never share these materials with a minor or in any way make these materials available to a minor.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gimmie Girl Productions without restriction.
You agree that: (i) the Gimmie Girl Productions Website shall be deemed solely based in California; and (ii) the Gimmie Girl Productions Website shall be deemed a passive website that does not give rise to personal jurisdiction over Gimmie Girl Productions, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Gimmie Girl Productions that arises in whole or in part from the Gimmie Girl Productions Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service, together with the Privacy Notice at http://www.gimmiegirlproductions.com/bodydot/t/privacy and any other legal notices published by Gimmie Girl Productions on the Website, shall constitute the entire agreement between you and Gimmie Girl Productions concerning the Gimmie Girl Productions Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Gimmie Girl Productions's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Gimmie Girl Productions reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Gimmie Girl Productions Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Gimmie Girl Productions AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Gimmie Girl Productions WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.