Effective Date: 3/15/2012
Last Modified Date: 4/28/2017
- The Company’s Consideration. The consideration that the Company provides to you is permission to access the Site, whether as a guest or as a registered user, permission to interact with other users on the Site, permission to upload non-infringing, lawful Content to the Site, and permission to access and view the Content on the Site.
- The Content on the Site. This Site contains audiovisual and visual adult entertainment. By accessing, using, or joining the Site as a member, you acknowledge that you are aware of the Content on the Site, are not offended by the Content on the Site, and are accessing the Site voluntarily and because you wish to view audiovisual and visual adult Content. You additionally acknowledge that pornography is not unlawful in the jurisdiction where you reside and that the Content on the Site is expressive and fully protected by the First Amendment to the U.S. Constitution and Article 10 of the European Convention on Human Rights.
- No Underage Use. The Site is not intended for use by children or by anyone that has not reached the age of majority in the jurisdiction where they reside. You are not permitted to use the Site if you have not reached the age of majority in your jurisdiction. You alone are solely responsible for ensuring that you have reached the age of majority in your jurisdiction and acknowledge that the Company bears no responsibility for ensuring that you have reached the age of majority.
- Access to the Site. When you access the Site, whether as a guest or as a member, you certify that:
- You will only use the Site for non-commercial purposes.
- You will not copy or distribute any portion of the Site or any Content on the Site for any commercial purpose.
- Intellectual Property. This Site contains the Company’s intellectual property or intellectual property that the Company has a license to display.
- Copyright. This Site belongs to the Company and is copyrighted by the Company. The Company additionally maintains copyright regarding the Content on the Site, except for Content that is protected by the copyrights of third parties, which the Company is permitted to display by the copyright owner.
- Trademark. topgaydvds.com and tgcs.me are service marks and/or trademarks owned by the Company. You are not permitted to use those marks or any marks that are confusingly similar for the provision of related goods and services, including as an Internet domain name.
- Third Party Trademarks. In the event that trademarks owned by third parties are displayed on the Site, they are the exclusive property of those third parties. You should not use any third party trademarks displayed on the Site without express permission by that trademark owner.
- Infringement of the Company’s Intellectual Property. Your license, as described in Paragraph 6.b, transfers no intellectual property rights to you. You have no title to or rights in any of the intellectual property on the Site. If the Company discovers that you have infringed upon its intellectual property, it reserves the right to take any and all appropriate legal action against you and to seek the maximum possible damages (including but not limited to statutory damages, punitive damages, and actual damages), reimbursement of its attorneys’ fees and costs, and temporary, preliminary, and permanent injunctive relief.
- Third Party Links. The Site may contain links to websites controlled by third parties, including in advertisements and sponsored links. These links are for your convenience only. Neither the Site nor the Company has any control over the Content contained in those links or the terms of service or privacy policies in place by the owners of the linked websites. The Company is not responsible for them or for any loss or damage arising from your use of them. The presence of links on the Site does not imply any approval or endorsement of the linked sites by the Company. Any website you visit based upon links from the Site is done at your own risk, and you agree to release us from any liability arising from your visits to websites linked on the Site.
- Prohibitions. You agree not to access the Site to do any of the following:
- Use the Site in a manner that could interfere with the operation of the Site or with any other user’s use of the Site.
- Use any mechanism to access, extract, or download any Content from the Site, including but not limited to web scrapers, offline readers, spiders, or robots.
- Collect or harvest personal information, including account names of the Site’s users.
- Commercially solicit any other users of the Site.
- Post advertisements or other solicitations of business.
- Impersonate another person or entity.
- Exceed your authorized access to any area of the Site.
- Upload or otherwise introduce any virus, Trojan horse, worm, cancelbot, corrupted file, or any other similar software or material.
- Attempt to damage or disrupt any part of the Website, the server on which it is stored, or any database connected to it.
- Interfere in any way with the proper operation of the Site.
- Membership and Site Access. To access some areas of the Site and to submit Submissions to the Site, you will be asked to register as a member. The requirements for membership are as follows.
24307 Magic Mountain Pkwy #541 Valencia, CA 91355
- User name and password. When you register as a Site member, you will select a user name and password. You are not to share this information with any third party. You are responsible for every action performed using your user name and password. You shall take all reasonable precautions to keep this information confidential. If you discover unauthorized action concerning your user name and password, you agree to inform the Company immediately via email at email@example.com.
- Voluntary. You may terminate your membership to the Site at any time by visiting this link: tgcs.me.
- Following voluntary termination. If you voluntarily terminate your membership to the Site, you may re-register at any time at your discretion.
- Following involuntary termination. If the Company terminates your membership for any reason, you shall not attempt to re-register using a different user name and/or password without express written permission from the Company. You may request express written permission by contacting the Company at firstname.lastname@example.org .
- Fees. The Company reserves the right to charge for any of the services offered on the Site and to change those fees from time-to-time at its sole discretion.
- Dispute Resolution.
- Jurisdiction: You agree that, without exception, all disputes between the Company and you will be adjudicated in the state courts inClark County, Nevada. This choice of forum and jurisdiction is mandatory, not permissive, and applies regardless of the amount in controversy. The sum of this is that any disputes you have with the Company will only be heard in Nevada state courts. Any claims filed in any other venue or jurisdiction shall be dismissed immediately for lack of jurisdiction. If you bring a claim in any other court, including federal courts in Nevada, you agree to pay all of our attorneys’ fees incurred in dismissing that matter due to the improper jurisdiction and venue.
- Resolution of User Complaints. If you have any complaint with Content on the Site, operation of the Site, or anything else relating in any way to the Company or the Site, you may email the Company at email@example.com and fully describe the nature of your complaint. The Company shall respond to you within 7 days of receipt of your email regarding its views on the merits of your complaint and possible options for resolution. This procedure shall be deemed settlement discussion and will not be defined as adversarial until the Company unequivocally states that it will provide you with no further response.
- Arbitration. There shall be no arbitration of any claims under this agreement, ever. However, in the event that some unforeseen circumstance compels arbitration, under no circumstances will any arbitrator affiliated with JAMS be empowered to arbitrate the dispute.
- North American Free Trade Agreement: The Parties agree that Article 15 NAFTA shall not apply to this Agreement or any relations between the Parties.
- Limitation of Liability
- You expressly understand and agree that your use of the Site shall be at your sole risk and that the Site is provided “as is” and “as available.” To the fullest extent permitted by law, the Company, its owners, officers, directors, employees, and agents disclaim all warranties (express or implied) in connection with the Site and your use of the Site. The Company makes no warranties or representations about the accuracy or completeness of the Site’s Contents or the Content of any Site linked to the Site.
- In no event shall the Company, its owners, officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:
- Errors, mistakes, or inaccuracies of Content;
- Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the Site;
- Any interruption or cessation of transmission to or from the Site;
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party;
- Any conduct (whether online or offline) by any other user of the Site; and/or
- Any errors or omissions in 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 on the Site, whether based on warranty, contract, tort, or any other legal authority, and whether or not you are 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.
- The Company does not warrant, endorse, guarantee, or assume responsibility for any product offered by or advertised by any third party on the Site or hyperlinked on the Site or featured in any banner advertisement or other advertising. The Company will not be a Party to, or in any way responsible for, monitoring any transaction between you and third party providers of products or services. As with the purchase of any product or service in any medium or in any environment, you should use your best judgment and exercise caution when appropriate.
- You specifically acknowledge that the Company shall not be liable for user Content or the defamatory, offensive, or illegal conduct of any third party and that risk of harm or damage from the foregoing rests solely with you.
- The Company makes no representation that the Site is appropriate or available for use outside of the United States of America. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
- Except in jurisdictions where limitation of liability provisions are not enforceable for incidental or consequential damages, the Company’s maximum liability to you shall be limited to the fees paid by you for a period of no more than 1 month from the accrual of the applicable cause of action.
- Attorney Contact: Our attorney may be contacted at:
- Randazza Legal Group,
Attention:Marc J. Randazza
4035 S. El Capitan Way, Las Vegas, NV 89147