Please read this agreement carefully before using the services. By joining TIE, you agree to become bound by the terms and conditions of this agreement. if you do not agree to all the terms and conditions of this agreement, please do not sign up to TIE and you will not have any right to use the services. Your acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms; if these terms and conditions are considered an offer by TIE, acceptance is expressly limited to these terms.
The web pages available at www.TurksInEntertainment.com, and all linked pages ("site"), are owned and operated by TIE, and is accessed by you ("user") under the following terms and conditions:
1. Access to the services. subject to the terms and conditions of this agreement, TIE may offer to provide certain services (including facilitating the transmission of user content (as defined herein) between users), as described more fully on the site, and which are selected by user through the process provided on the site ("services"), solely for user's own use, and not for the use or benefit of any third party. services shall include, but not be limited to, any services TIE performs for user, as well as the offering of any content on the site. TIE may change, suspend or discontinue the services at any time, including the availability of any feature, database, or content. TIE may also impose limits on certain features and services or restrict user's access to parts or all of the services without notice or liability. TIE reserves the right, at its discretion, to modify this user agreement at any time by posting a notice on the site, or by sending user a notice via email. user shall be responsible for reviewing and becoming familiar with any such modifications. use of the services by user following such notification constitutes user's acceptance of the terms and conditions of this user agreement as modified. User certifies to TIE that the user is an individual (i.e., not a corporation), and that the user is at least 18 years of age. User also certifies that it is legally permitted to use the services and access the site, and takes full responsibility for the selection and use of the services and access of the site. This agreement is void where prohibited by law, and the right to access the site is revoked in such jurisdictions. user shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the site or otherwise use the services, including, without limitation, modems, hardware, software, and long distance or local telephone service. user shall be responsible for ensuring that such equipment or ancillary services are compatible with the services.
2. site content. the site and its contents are intended solely for the use of TIE users and may only be used in accordance with the terms of this agreement. all materials displayed on the site including, but not limited to text, graphics, news articles, charts, presentations, user communications photographs, images and illustrations, shall be referred to herein as "content." user shall abide by all copyright notices, information, and restrictions contained in any content accessed through the services. the site is protected by copyright as a collective work and/or compilation, pursuant to u.s. copyright laws, international conventions, and other copyright laws. user may not publish, participate in the transfer or sale of, reproduce or distribute any of the content or any modification or derivative work thereof, in whole or in part. the site is for the personal use of individual users only and may not be used in connection with any commercial endeavors. organizations, companies, and/or businesses should not use the service or the site for any purpose. passwords and compiled names, photos, links, and site content are not to be transferred or copied from the site for use with any other product or service. illegal and/or unauthorized uses of the site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
3. user content "user content" means any content sourced or supplied by a user (including but not limited to communications within the site and descriptions of user content.) user acknowledges and agrees that if user contributes any user content to the site, user grants to TIE a perpetual, non exclusive worldwide, royalty-free, transferable right to use and exploit in anyway such user content (including all related intellectual property rights) to provide the services. user warrants, represents and agrees that it will not contribute any user content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. TIE reserves the right to remove any user content from the site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such user content or if TIE is concerned that user may have breached the immediately preceding sentence), or for no reason at all. the following is a partial list of the kind of content that is illegal or prohibited on the site. TIE reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. it includes content that:
. harasses or advocates harassment of another person;
. promotes information that a user knows is false, misleading or promotes illegal activities or conduct that is threatening, obscene, defamatory or libelous;
. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
. displays pornographic or sexually explicit material of any kind;
. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
. is patently offensive to the online community, such as content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
even though all of this is strictly prohibited, there is a small chance that a user might become exposed to such items and user further waives his/her right to any damages (from any party) related to such exposure.
4. restrictions. user is responsible for all of his or her activity in connection with the services and accessing the site. any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of user's right to services or to access the site. user may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any TIE user. use of the site or services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. user will not run maillist, listserv, any form of auto-responder, or "spam" on the site, or any processes that run or are activated while the user is not logged in.
5. copyright policy. user may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. any person believing that their copyrighted material is being posted on the site should contact TIE through TIE's contact us page.
7. registration and security. as a condition to using services, user is required to register with TIE and select a password and user name ("TIE user name"). user shall provide TIE with accurate, complete, and updated registration information. failure to do so shall constitute a breach of this agreement, which may result in immediate termination of user's account. user may not (i) select or use as a TIE user name a name of another person with the intent to impersonate that person; or (ii) use as a TIE user name a name subject to any rights of a person other than user without appropriate authorization. TIE reserves the right to refuse registration of, or cancel a TIE user name in his or her discretion. user shall be responsible for maintaining the confidentiality of user's TIE password.
8. indemnity. user will indemnify and hold TIE, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of user's access to the site, use of the services, the violation of this agreement by user, or the infringement by user, or any third party using the user's account, of any intellectual property or other right of any person or entity.
9. limitation of liability. in no event shall company be liable with respect to the site or the services (i) for any amount in the aggregate in excess of the fees paid by user therefor; or (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to user.
10. fees and payment. some of the services require payment of fees. user shall pay all applicable fees, as described on the site in connection with such services selected by user. TIE reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to user, which may be sent by email or posted on the site. use of the services by user following such notification constitutes user's acceptance of any new or increased charges.
11. termination. either party may terminate the services at any time by notifying the other party by any means. TIE may also terminate or suspend any and all services and access to the site immediately, without prior notice or liability, if user breaches any of the terms or conditions of this agreement. any fees paid hereunder are non-refundable. upon termination of the user's account, user's right to use the services, access the site, and any content will immediately cease. all provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
12. miscellaneous. the failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. TIE shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TIE's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation,. if any provision of this agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. this agreement is not assignable, transferable or sublicensable by user except with TIE's prior written consent. this agreement shall be governed by and construed in accordance with the laws of the state of california in the united states of america without regard to the conflict of laws provisions thereof. both parties agree that this agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. no agency, partnership, joint venture, or employment is created as a result of this agreement and user does not have any authority of any kind to bind TIE in any respect whatsoever.