GirlTime (“Firecracker Associates“, “we” or “Ultravid“) operates GirlTime.com, which is a social networking service that allows Webcam Girls and Members to create unique personal profiles online in order to communicate and share with other Webcam Girls, Members or Users. The services offered by GirlTime include any GirlTime-branded URL (the "GirlTime Website"), any non-GirlTime-branded URL operated by Ultravid or its affiliates and any other features, content, or applications offered from time to time by GirlTime in connection with GirlTime’s business (collectively, the "GirlTime Services"). The GirlTime Services are hosted in the United States.
The term "User" refers to a Visitor, a Webcam Girl or a Member. You are only authorized to use the GirlTime Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the GirlTime Website and discontinue use of the GirlTime Services immediately. If you wish to become a Member or Webcam Girl, communicate with other Members or Webcam Girls and/or make use of the GirlTime Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes GirlTime's policy for acceptable use of the GirlTime Services and Content (as defined in Section 6 below) posted on or through the GirlTime Services and your rights, obligations and restrictions regarding your use of the GirlTime Services and Content posted on or through the GirlTime Services. In order to participate in certain GirlTime Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from GirlTime. Unless otherwise provided by the additional terms and conditions applicable to the GirlTime Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
GirlTime may modify this Agreement from time to time and such modification shall be effective upon posting by GirlTime on the GirlTime Website. Your continued use of the GirlTime Services after GirlTime posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the GirlTime Services and that you provide to other Users. Your GirlTime profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other GirlTime Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and GirlTime assumes no responsibility or liability for this material. If you become aware of misuse of the GirlTime Services by any person, please contact GirlTime immediately.
GirlTime reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the GirlTime Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to remove your postings. GirlTime expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the GirlTime Services if GirlTime determines, in its sole discretion, that you have violated this Agreement or pose a threat or nuisance to GirlTime and/or its Users.
1. Eligibility. Use of the GirlTime Services and registration to be a Member for the GirlTime Services (“Membership”) is void where prohibited. By using the GirlTime Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the GirlTime Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age or if we believe you are over 18 and represent yourself as being under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the GirlTime Services or are a Member. GirlTime may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to remove your postings. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that GirlTime reserves the right to charge for any portion of the GirlTime Services and to change its fees (if any) from time to time in its discretion. If GirlTime terminates your Membership because you have breached the Agreement, you may be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account.
5. Use by Members. The GirlTime Services are for the personal use of Members and may be used for the promotional purposes of Webcam Girls as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by GirlTime. GirlTime reserves the right to remove commercial content in its sole discretion. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. GirlTime reserves the right to take appropriate legal action for any illegal or unauthorized use of the GirlTime Services.
6. Proprietary Rights in Content on GirlTime.
6.1 Except for the Special Content included in 6.7, GirlTime does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the GirlTime Services. After posting your Content to the GirlTime Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the GirlTime Services, you hereby grant to GirlTime a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the GirlTime Services, including without limitation distributing part or all of the GirlTime Website in any media formats and through any media channels. This limited license does not grant GirlTime the right to sell or otherwise distribute your Content outside of the GirlTime Services. With the exception of the Special Content included in 6.7 after you remove your Content from the GirlTime Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
6.2 The license you grant to GirlTime is non-exclusive, fully-paid and royalty-free (meaning that GirlTime is not required to pay you for the use on the GirlTime Services of the Content that you post), sublicensable (so that GirlTime is able to use its affiliates, subcontractors and other partners to provide the GirlTime Services), and worldwide (because the Internet and the GirlTime Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the GirlTime Services or otherwise have the right to grant the license set forth in Section 6, and (ii) the posting of your Content on or through the GirlTime Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the GirlTime Services.
6.4 The GirlTime Services contain Content of GirlTime ("GirlTime Content"). GirlTime Content is protected by copyright, trademark, patent, trade secret and other laws, and GirlTime owns and retains all rights in the GirlTime Content and the GirlTime Services. GirlTime hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the GirlTime Content solely for your personal use in connection with viewing the GirlTime Website and using the GirlTime Services.
6.5 The GirlTime Services contain Content of Users and other GirlTime licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the GirlTime Services.
6.6 GirlTime performs technical functions necessary to offer the GirlTime Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the GirlTime Services.
6.7 The GirlTime Services contain "Special Content". Special Content has been Physically Branded to GirlTime by it's original maker or cannot be removed without compromising the structure or flow of the GirlTime Services. Examples of Physically Branded content are photographs where the subject has the "GirlTime" logo or name incorporated into the original (un-touched) photograph, or any other original content that was Branded by its creator for GirlTime's free use. Examples of content that cannot be removed without compromising the structure or flow of the GirlTime Services are User Names (or other Pseudonyms and Nome De Plumes), Post Tags, and all posts made to discussion (or Forum) groups. Special Content will not be removed from the GirlTime Services.
7. Content Posted.
7.1 GirlTime may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of GirlTime violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. GirlTime assumes no responsibility for monitoring the GirlTime Services for inappropriate Content or conduct. If at any time GirlTime chooses, in its sole discretion, to monitor the GirlTime Services, GirlTime nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the GirlTime Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is prohibited to post on or through the GirlTime Services. GirlTime reserves the right to take appropriate action against anyone who, in GirlTime's sole discretion, violates this provision. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of GirlTime:
8.1 is patently offensive and promotes racism, bigotry, hatred, harrassment, physical harm or violence of any kind against any group or individual;
8.2 publicly posts information that poses or creates a privacy or security risk to any person;
8.3 constitutes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.4 constitutes an illegal or unauthorized copy of another person's copyrighted work;
8.5 involves commercial activities and/or sales without prior written consent from GirlTime;
8.6 includes a photograph or video of another person that you have posted without that person's consent;
8.7 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is prohibited on the GirlTime Website and through your use of the GirlTime Services. GirlTime reserves the right to take appropriate action against anyone who, in GirlTime's sole discretion, violates this provision. Prohibited activity includes, but is not limited to:
8.8 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, harassment, stalking, spamming or copyright infringement;
8.9 interfering with, disrupting, or creating an undue burden on the GirlTime Services or the networks or services connected to the GirlTime Services;
8.10 impersonating or attempting to impersonate another Member or GirlTime administrator;
8.11 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.12 using any information obtained from the GirlTime Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.13 using the GirlTime Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyrights and Intellectual Property. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes the proprietary rights of any person or entity.
10. User Disputes. You are solely responsible for your interactions with other GirlTime Users. GirlTime has no obligation to become involved in any way with disputes between Users.
11. Rules. Use of the GirlTime Services is also governed by our rules, which are incorporated into this Agreement by this reference.
12. Disclaimers. The GirlTime services are for entertainment purposes only. With the exception of our Terms of Service, Rules, End User License Agreements, Purchase Pages and Legal Statements, every statement expressed on GirlTime.com, including chat text, should be considered fictional even if it is presented as non-fictional. GirlTime is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the GirlTime Services, whether caused by Users of the GirlTime Services or by any of the equipment or programming associated with or utilized in the GirlTime Services and such User Content does not necessarily reflect the opinions or policies of GirlTime. Profiles created and posted by Members and Webcam Girls on the GirlTime Website may contain links to other websites. GirlTime is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by GirlTime. Inclusion of any linked website on the GirlTime Services does not imply approval or endorsement of the linked website by GirlTime. When you access these third party sites, you do so at your own risk. GirlTime takes no responsibility for third party advertisements that are posted on or through the GirlTime Services, nor does it take any responsibility for the goods or services provided by its advertisers. GirlTime is not responsible for the conduct, whether online or offline, of any User of the GirlTime Services. GirlTime assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. GirlTime is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the GirlTime Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the GirlTime Services. Under no circumstances shall GirlTime be responsible for any loss or damage, including personal injury or death, resulting from use of the GirlTime Services, from any User Content posted on or through the GirlTime Services, or from the conduct of any Users of the GirlTime Services, whether online or offline. The GirlTime Services are provided "AS-IS" and as available and GirlTime expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GirlTime cannot guarantee and does not promise any specific results from use of the GirlTime Services.
13. Limitation on Liability. IN NO EVENT SHALL GIRLTIME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE GIRLTIME SERVICES, EVEN IF GIRLTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GIRLTIME'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE UNUSED AMOUNT PAID, IF ANY, BY YOU TO GIRLTIME FOR THE GIRLTIME SERVICES.
14. Software. Software used in connection with the GirlTime Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the GirlTime Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your own risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without regard to its conflict of law provisions. You and GirlTime agree to submit to the exclusive jurisdiction of the courts located within the State of Tennessee to resolve any dispute arising out of the Agreement or the GirlTime Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold GirlTime, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the GirlTime Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the GirlTime Services causes GirlTime to be liable to another.
17. Other. This Agreement is accepted upon your use of the GirlTime Website or any of the GirlTime Services and is further affirmed by you becoming a Member or Webcam Girl. This Agreement constitutes the entire agreement between you and GirlTime regarding the use of the GirlTime Services. The failure of GirlTime to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. GirlTime is a trademark of the GirlTime services. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.