Terms
and Conditions
This Section (this "Agreement") sets forth the terms and conditions which apply
to the use by you of the GGW Direct Sites (as defined below) and any other
Monthly Program product or service offered for sale by GGW Direct’ and/or
its affiliates (collectively, "GGW Direct"). The right to use any product or service
offered by GGW Direct is personal to you and is not transferable to any other person
or entity. GGW Direct reserves the right to make changes to the GGW Direct Sites,
policies, and these Terms of Use at any time without notice.
1. Definitions.
The "GGW Direct Sites" shall mean all areas and any monthly program or other
products and services offered or available on the interactive online service
operated by GGW Direct and/or its affiliates on the World Wide Web. The GGW Direct Sites
consist of information services and content provided by GGW Direct and/or its
affiliates and/or third parties.
2. General.
GGW Direct shall have the right at any time and from time to time to change or
discontinue any aspect or feature of the GGW Direct Sites including, but not limited
to, the content, hours of availability, and equipment needed for access or use.
Such changes, modifications, additions or deletions shall be effective
immediately without further notice thereof. Amendments to the terms and
conditions contained herein may be given by means including but not limited to,
posting on the GGW Direct Sites a revised version of this Agreement or notification
by electronic mail. Any use by you of the GGW Direct Sites after such notice shall
conclusively be deemed to be acceptance by you of such changes, modifications,
additions or deletions. You agree to review the terms and conditions of this
Agreement periodically to be aware of such revisions.
3. Use
of the GGW Direct Sites.
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The
GGW Direct Sites contain copyrighted material; trademarks and other proprietary
information including text, software, photos, video, graphics, music and
sound, and the entire contents of the GGW Direct Sites are copyrighted as a
collective work under the United States copyright
laws. GGW Direct is the owner of the copyright in the entire GGW Direct Sites. GGW Direct
owns a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. Each third party
content provider owns the copyright in content original to it. You may not
modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit the content of the GGW Direct Sites
or any portion of it. Except as otherwise expressly permitted under copyright
law, you may not copy, redistribute, publish, display or commercially exploit
any material from the GGW Direct Sites without the express permission of GGW Direct
and, if applicable, the copyright owner. In the event of any permitted
copying, redistribution or publication of material from the GGW Direct Sites, no
changes in or deletion of author attribution, trademark, legend or copyright
notice shall be made. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material.
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You
hereby grant to GGW Direct and its respective affiliates worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display any e-mail, video, graphic, data, or information sent by
you to GGW Direct (in whole or in part) and/or to incorporate it in other works in
any form, media or technology now known or later developed.
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You
are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password.
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You
shall provide GGW Direct with accurate, complete and updated information provided
by you at the time of registration.
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The
GGW Direct Sites contain links to other Web sites, resources and advertisers.
GGW Direct is not responsible for the availability of these external sites nor
does it endorse or is it responsible for the contents, advertising, products
or other materials made available on or through such external sites. Under no
circumstances shall GGW Direct be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been caused to a
user in connection with the use of or reliance on any content, goods or
services available on such external site. You should direct any concerns to
such external site's administrator or webmaster.
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You
shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the GGW Direct Sites
and all charges related thereto.
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You
agree not to take any action to interfere with the function or accessibility
of the GGW Direct Site or to take any action to restrict the access of others
thereto.
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The
foregoing provisions of this Section 3 are for the benefit of GGW Direct, its
affiliates, third party content providers and licensors, and each shall have
the right to assert and enforce such provisions directly on its own behalf or
jointly with others.
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GGW Direct has carefully designed the GGW Direct Sites with the purpose of delivering
certain content to users in a particular format and with a particular
appearance. No third party shall have the right to utilize the content of the
GGW Direct Sites in any way that interferes with that purpose. In particular,
GGW Direct prohibits any party from displaying the content on the GGW Direct Sites in
any format where third party advertising or other materials that GGW Direct did
not authorize in writing is viewed or viewable together with GGW Direct’s
proprietary content.
4. Products; Monthly Program.
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Monthly Program Products.
Certain products offered by GGW Direct consist of a monthly program. The following
terms and conditions shall apply in the event that you order any product that
is part of a monthly program offered by GGW Direct on the GGW Direct Sites (a
"Monthly Program").
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Monthly Program Terms. When
ordering products from GGW Direct, you will receive a new video by mail
approximately once a month. Your satisfaction is guaranteed. If for any
reason you are not completely satisfied, you may return the video within 30
days for a full refund of the purchase price, less shipping and handling.
Monthly Program price is $19.99 per video, plus $6.99 shipping and handling. The
Monthly Program will continue to be sent to you until GGW Direct receives
notification of termination from you as described in subsection D below. You
authorize GGW Direct to charge the credit card account designated during the
registration process the current fees and charges for each shipment according
to these terms.
Cancellation of DVD Monthly Program:
In order to ensure that your monthly DVD subscription program has been cancelled you must call customer service department at 1-800-303-9940, Monday - Friday 5AM - 5PM, Saturday 6AM - 2:30PM PST, OR send post card to:
GGW
ATTN: CANCELLATION DEPT
PO BOX 150
HOLLYWOOD, CA 90078
Please include your name, address and phone number. Please allow 15 days for mail cancellations to take effect. Phone cancellations will occur the same day.
Cancellation of Online Membership Monthly Program:
In order to ensure that your Online Membership monthly subscription program has been cancelled, please visit the biller you joined through: Jettis International | CC Bill | Local Billing or send an e-mail to WebSupport@GirlsGoneWild.com. (Website membership only, not video subscriptions.)
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Changed Terms. GGW Direct
shall have the right at any time to impose, change or modify its fees and
billing methods, or other terms and conditions applicable to your
participation in the Monthly Program or to impose new terms and conditions. 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 GGW Direct Sites a revised version of this Agreement or
notification by electronic or conventional mail. If any such change is
unacceptable to you, you may terminate your subscription to the Monthly Program
as provided in subsection D below. Any acceptance of a product in a
Monthly Program by you after such notice shall conclusively be deemed to
constitute acceptance by you of such changes, modifications, additions or
deletions. You agree to review the terms and conditions periodically to be
aware of such revisions. You may also be subject to additional terms and
conditions imposed by third party content providers in connection with third
party content, software or services.
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Termination. Either you
or GGW Direct may terminate this Agreement at any time. Your only right with
respect to any dissatisfaction with (i) any terms and conditions of this
Agreement, or policy or practice of GGW Direct in operating the GGW Direct Sites, (ii)
products available or change therein, or (iii) amount or type of fees or
billing methods, or change therein, is to terminate this Agreement by sending
written notice to GGW Video, P.O. Box 150, Hollywood, CA 90078 or by calling
Customer Service at 1-800-303-9940 (7am-7pm M-F PST). Notice of
termination will be effective upon receipt by GGW Direct. Without limiting the
foregoing, GGW Direct shall have the right to immediately terminate this Agreement
with respect to any user which GGW Direct, in its sole discretion, considers to be
unacceptable, or in the event of any breach by you of this Agreement. The
provisions of Sections 3, 5, 6, 7, 8, and 9 of this Agreement shall survive
termination of this Agreement.
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All Products. With
respect to products and services offered for sale by GGW Direct and third parties
or through the GGW Direct Sites (including Monthly Program products): additional
terms, including but not limited to pricing, methods of payment, shipping and
handling, credit-card information, sales tax, return and refund policies and
applicable privacy policies, may be set forth on the screen where you make the
purchase. All orders are subject to availability of products and acceptance of
orders by GGW Direct. GGW Direct reserves the right to reject any order and to limit
quantities. GGW Direct does not warrant that product descriptions, prices or other
content on the GGW Direct Sites is accurate, complete, reliable, current or
error-free. GGW Direct has no obligation to honor incorrect pricing or other
information, whether resulting from typographical errors or otherwise. If a
product offered on a GGW Direct Site is not as described, the sole remedy is to
return it for a refund.
5. Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF
THE GGW DIRECT SITES IS AT YOUR SOLE RISK. NEITHER GGW DIRECT, ITS AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE GGW Direct SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GGW Direct
SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE
OR PRODUCTS PROVIDED THROUGH THE SITES.
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THE
GGW DIRECT SITES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" 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.
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THE
DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 4 APPLY TO ANY DAMAGES OR
INJURY CAUSED, DIRECTLY OR INDIRECTLY, 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, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GGW DIRECT IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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IN NO
EVENT WILL GGW DIRECT OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE GGW Direct SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
THE GGW Direct SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE GGW DIRECT
SITES. GGW DIRECT’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL
AMOUNT PAID TO GGW DIRECT.
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GGW DIRECT NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF
ANY OPINION, ADVICE OR STATEMENT ON THE GGW DIRECT SITES, NOR FOR ANY OFFENSIVE,
DEFAMATORY OR OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL GGW DIRECT BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED
THROUGH THE CONTENT ON THE GGW DIRECT SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE
OR OTHER CONTENT AVAILABLE THROUGH THE GGW DIRECT SITES. PLEASE SEEK THE ADVICE OF
PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC
INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO
FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
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GGW DIRECT DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED
THROUGH THE GGW DIRECT SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES
PROVIDED IN CONNECTION WITH GGW DIRECT PRODUCTS OR SERVICES) AND WILL NOT BE A
PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS 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. GGW Direct MAKES PRODUCTS OR
SERVICES AVAILABLE ON THE GGW Direct SITES 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.
6. Indemnification.
You agree to defend, indemnify and hold harmless GGW Direct, 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 by you of
the GGW Direct Sites, including claims by other users of your equipment, access or
membership.
7. Termination.
GGW Direct shall have the right to immediately terminate this Agreement with respect
to any user which GGW Direct, in its sole discretion, considers to be unacceptable,
or in the event of any breach by you of this Agreement. The provisions of
Sections 4, 5, 6, 7, 8, and 9 shall survive termination of this Agreement.
8. Trademarks.
All trademarks appearing on the GGW Direct Sites are the property of their
respective owners, including, in some instances, GGW Direct, and/or affiliated
companies.
9. Miscellaneous
This Agreement and any operating rules for the GGW Direct Sites established by
GGW Direct 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 California without regard to its conflict of laws rules. Any dispute arising
under or relating to this Agreement or any GGW Direct Sites shall be brought in
state or federal courts in Los Angeles, California, and you hereby irrevocably
consent to the jurisdiction of such courts. 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.
10. Privacy Policy
GGW Direct LLC ["GGW Direct"] offer membership services to adult consumers. We do not knowingly collect data from minors.
GGW Direct collects personal information for membership and age verification purposes. For your protection, this information is stored in a manner that is not accessible from the Internet.
You will be required to provide personal data, such as name, full address, credit card information and e-mail address to gain access to our members' area. We may use cookies to monitor our websites performance, and to collect IP addresses.
GGW Direct may use your personal information that you have provided to us for technical, administration, research and development, customer administration and marketing purposes.
GGW Direct uses "SSL" (secure socket layer) software when receiving and transmitting personal information. GGW Direct performs background checks prior to employment on all employees that will have access to our members' personal information. We monitor and track access to these records with username and password protection.
GGW Direct utilizes an "Opt-In" e-mail members list. This requires our visitors to consent to receive e-mail newsletters and marketing from GGW Direct or third party promotions. We offer an "Opt-Out" method should you choose to revoke your consent. By visiting http://girlsgonewild.com/optout.php you can access our methods for opting out.
GGW Direct will allow you to access or view your personal information we have on file for accuracy. If certain information is found to be inaccurate, it may be corrected and in some cases removed from our system.
To access your personal data, please e-mail your requests to: privacy@girlsgonewild.com
No personal information will be shared with third parties without customers' permission.
11. Submissions
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to GGW Direct LLC through GirlsGoneWild.com (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to GGW Direct LLC, you hereby grant GGW Direct LLC and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of GirlsGoneWild.com and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by GGW Direct LLC on the Website and/or in this Agreement.
Any Submission you provide to GGW Direct LLC will be deemed public information and not subject to any confidentiality obligation and GGW Direct LLC shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, GGW Direct LLC Privacy Policy shall govern GGW Direct LLC use of such information.
By making a Submission, you waive the right to make any claim against GGW Direct LLC, or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for GGW Direct LLC, or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize GGW Direct LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
12. Participation Disclaimer
GGW Direct LLC does not and cannot review all Submissions posted to or created by users accessing GirlsGoneWild.com, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through GirlsGoneWild.com, GGW Direct LLC is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities. GGW Direct LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. GGW Direct LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, GGW Direct LLC reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to GGW Direct LLC in its sole discretion.
©2011 GGW Direct, LLC., PO BOX 150, Hollywood, CA, 90078
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