WELCOME!
The website more2girls.com (the "Site") and the more2girls magazine (the "Magazine") (the Site and Magazine will be collectively referred to as the "Content" throughout these Terms of Use) is owned and operated by More2Girls Inc. ("More2Girls"). We've designed our Content to be useful, informative, and fun. We hope we've succeeded! All we ask in return is that you abide by the Terms and Conditions that follow and that you agree to the terms of our Privacy Policy [use a hypertext link for Privacy Policy]. Please read them carefully, because when you use this Site, you automatically agree to them.
More2Girls has the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on our Site. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Site following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on [insert date], 2008.
Limited License
We own the copyright in all of the materials in our Content. Also, the trade-marks used in the Content are owned by us or we have permission to use them here. All right, title, and interest in and to the content available via the Site and the Magazine is the property of More2Girls or its licensors, and is protected by U.S., Canadian and international copyright, trademark, patent and/or other proprietary rights and laws.
Use of our Content is provided to you solely for your own personal use. You agree not to re-use material from the Content. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you first get our written consent. There is one exception. You may download material onto one computer or print a single copy for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark, or other proprietary notices.
While on the Site and/or accessing the Magazine, you agree that you will not attempt to decompile, reverse engineer or disassemble any software contained on the Site or in the Magazine and that you will not interfere with the operation or security of the Site or Magazine or network(s) that operates the Content.
Unauthorized use the Content may be a violation of law which may result in civil and criminal liability. More2Girls will enforce its intellectual property rights to the fullest extent of the law.
More2Girls hereby reserves all of its rights in and to the Content that are not expressly granted to you in these Terms. You acknowledge and agree that you do not acquire any ownership rights by virtue of downloading any content from the Site or the Magazine.
Third Party Sites, Content and Products and Services
Links or pointers to other website and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
License to More2Girls
By posting messages, uploading files, inputting data or submitting comments, suggestions, graphics, ideas and other information or material to More2Girls through this Site or through the Magazine [can they post through the magazine or only the Site? Yes, through either], you are granting More2Girls a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1.Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication;
2.Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trade-mark, service mark or patent laws under any applicable jurisdiction. Any information provided by you shall be considered non-confidential and non-proprietary.
Postings
This web site may include e-cards, bulletin boards and/or chat rooms (collectively the "Communications") allowing you to send messages to third parties or to interact with other users in real time. More2Girls does not control the messages, information or files delivered through the Communications. It is a condition of your use of these Communications and this web site generally that you agree not to:
1. Restrict or inhibit any other user from using and enjoying the Communications.
2. Post, send or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, state national or international law.
3. Post, send or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trade-mark or other proprietary rights or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
4. Post, send or transmit any information, software or other material which contains a virus or other harmful component.
5. Post, send, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
You understand and acknowledge that More2Girls may from time to time monitor or review discussions, chats, posting and other transmissions on the Site and/or the Magazine. However, More2Girls has no obligation to monitor the content of the Communications and assumes no responsibility for libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to or from any such locations on this Site or within the Magazine. More2Girls reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to send or to remove any information or materials, in whole or in part, that in More2Girls's sole discretion are objectionable or in violation of these terms and conditions. Notwithstanding anything else contained herein, your sole and exclusive remedy for More2Girls's action is to discontinue using More2Girls's Site or the Magazine.
Disclaimer of Warranties
THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCCURACY OR COMPLETENESS OF CONTENT. MORE2GIRLS DOES NOT WARRANT THAT THE CONTENT WILL BE AVAILABLE OR THAT YOUR USE OF THE CONTENT WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT (OR THE SERVER(S) THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE CONTENT IS AT YOUR OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MORE2GIRLS IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE (INCLUDING THE CONTENT) OR YOUR USE OF THE CONTENT, EVEN IF FORESEEABLE OR EVEN IF MORE2GIRLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE CONTENT). MORE2GIRLS IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION AND YOU ARE SOLELY RESPONSIBLE FOR ANY REPAIR, REPLACEMENT, SERVICE OR OTHER COSTS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE CONTENT IS TO STOP USING THE CONTENT, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO MORE2GIRLS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) WILL BE TEN DOLLARS (U.S. $10).
Indemnification
You agree to indemnify, defend and hold More2Girls and each of its affiliates and their respective members, managers, officers, directors, employees, agents, and other representatives (collectively, the "More2Girls Parties") harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including, without limitation, attorneys' fees and any payments that may be due any director, actor, union, guild or other party, individual, entity and/or organization), or other expenses arising out of your use of the Site and the Magazine in violation of these Terms or any law. More2Girls reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of More2Girls.
Remedies
You agree that a breach by you of any of your undertakings under these Terms would cause More2Girls damage which could not readily be remedied by an action at law and might, in addition, constitute an infringement of copyright and/or trademark and/or other applicable laws, and/or a violation of moral rights (where applicable). Any such breach would, therefore, entitle More2Girls to equitable remedies, costs and attorneys' fees in addition to any other rights and remedies provided for herein or by law. Moreover, you agree that you will not have the right to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Site or the Magazine.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent and submit to the exclusive personal jurisdiction and venue of the courts of, and venue and situs in, Toronto, Ontario.
Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Waiver
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. More2Girls has the right to determine your compliance with these Terms in our sole discretion.
Contact
If you have any questions, comments or concerns about our Site, the Magazine or these Terms of Use, please feel free to contact us at info@more2girls.com.
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