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tGossip Terms of Use Agreement

June 25, 2008

www.tGossip.com (the "Site") is owned by tGossip, LLC. ("tGossip" or "we"). The Site, which is hosted in the United States, is an online entertainment and gossip website, that has links to third-party websites as well as content and comments posted by teenage editors.

This Terms of Use Agreement ("Agreement") includes the Site's policy for acceptable use of the Site, and your rights, obligations and restrictions regarding your use of the Site. The Agreement sets forth the legally binding terms for your use of the Site and by using the Site, you agree to be bound by it. Please read this Agreement carefully and save it. If you do not agree to be bound by it and to follow all applicable laws, you should leave the Site immediately.

tGossip may modify this Agreement from time to time and such modification shall be effective upon posting on the Site. Your continued use of the Site after tGossip posts a revised Agreement means that you have accepted the revised Agreement. Therefore, you should review this Agreement regularly to ensure you are updated as to any changes.

To learn about tGossip's privacy practices, please see our Privacy Policy, which is hereby incorporated by reference.

1. GENERAL TERMS

Eligibility. Registration for and use of the Site is void where prohibited. By using the Site, 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 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation.

Term and Enforceability. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Site. You may terminate your registration at any time, for any reason, by following the instructions at SAM-we need to do this. Can we add this functionality and add the link here. tGossip may close your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your account is closed, this Agreement will remain in effect.

This Agreement constitutes the entire agreement between you and tGossip regarding the use of the Site. The failure of tGossip to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

In addition, 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.

Password. When you register, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and agree not to use the account, username, or password of another registered user at any time or to disclose your password to any third party. You agree to notify tGossip immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use of the Site. The Site is for personal use only and may not be used in connection with any commercial endeavors unless they are specifically endorsed or approved by tGossip. tGossip reserves the right to take appropriate legal action for any illegal or unauthorized use of the Site.

User Disputes. You are solely responsible for your interactions with other users of the Site. tGossip reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.

2. PROPIETARY RIGHTS IN CONTENT ON THE SITE

tGossip does not claim any ownership rights in the text, files, images, photos, video, links, or any other materials (collectively, "Content") that you post on the Site. By posting any Content on the Site, you hereby grant to tGossip a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content.

You represent and warrant that: (a) you own or have the rights to link to the Content posted by you on the Site or otherwise have the right to grant the license set forth in this section, and (b) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, trademark rights, 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 Site.

The Site also contains Content owned by tGossip ("tGossip Content"). tGossip Content is protected by copyright, trademark, patent, trade secret and other laws, and tGossip owns and retains all rights in tGossip Content. tGossip hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the tGossip Content (excluding any software code) solely for your personal use in connection with viewing the Site.

The Site contains Content of tGossip editors and other tGossip licensors. Except to the extent of your rights with respect to any Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Site.

tGossip may delete any Content for any or no reason, including Content that in the sole judgment of tGossip 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. tGossip assumes no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time tGossip chooses, in its sole discretion, to monitor the Site, tGossip nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of user submitting any such Content.

3. PROHIBITED CONTENT AND ACTIVITY

Please choose carefully the information you post on the Site. You are solely responsible for the Content that you post on or through the Site and for your interactions with other users.

tGossip reserves the right, but not the obligation, to investigate and take appropriate legal action against anyone who, in the tGossip's sole discretion, posts prohibited Content, including without limitation, removing the offending Content from the Site and terminating the account of such violators. Examples of prohibited Content include, but are not limited to, Content that:

  1. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  2. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. harasses or advocates harassment of another person;
  4. exploits people in a sexual or violent manner;
  5. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  6. solicits personal information from anyone under 18;
  7. publicly posts any telephone numbers, street addresses, last names, or email addresses;
  8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
  9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users of the Site; or
  11. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

tGossip also reserves the right to investigate and take appropriate legal action against anyone who, in the tGossip's sole discretion, engages in prohibited or illegal activity, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  3. interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
  4. impersonating or attempting to impersonate another user, person or entity;
  5. using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account; or
  6. using the Site in a manner inconsistent with any and all applicable laws and regulations.

4. REPORTING INAPPROPRIATE CONTENT

Despite the prohibitions in paragraph 3 above, information provided by other users of the Site (for instance, in their comments) may contain material, products or services that are unauthorized, impermissible or otherwise violate this Agreement, and tGossip assumes no responsibility or liability for this material. If you become aware of misuse of the Site by any person or would like to report a defamatory statement, please click here. If you would like to report an image that violates this Agreement, click here.

5. COPYRIGHT

If you believe that any material contained on the Site infringes on your copyright, you should notify tGossip of your copyright infringement claim in accordance with the following procedure.

tGossip will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

Attn: Copyright Agent
tGossip, 1333 North Avenue, Ste A, Box 151, New Rochelle, NY 10804
(914) 729-0934


Email:
help@tgossip.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to help@tgossip.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

6. DISCLAIMERS

tGossip is not responsible for and makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content posted on the Site, whether caused by users of the Site or by any of the equipment or programming associated with or utilized on the Site. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by tGossip. When you access these third party sites, you do so at your own risk. tGossip takes no responsibility for third party advertisements which are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. tGossip is not responsible for the conduct, whether online or offline, of any user of the Site. tGossip 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 communication. tGossip 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 Site or combination thereof, including any injury or damage to the Site or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall tGossip be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any Content posted on the Site, or from the conduct of any users of the Site, whether online or offline. The Site is provided "AS-IS" and as available and the Site expressly disclaims any warranty of fitness for a particular purpose or non-infringement. tGossip cannot guarantee and does not promise any specific results from use of the Site.

Limitation on Liability. IN NO EVENT SHALL TGOSSIP 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 SERVICES, EVEN IF TGOSSIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TGOSSIP'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TGOSSIP FOR THE SITE.

7. GOVERNING LAW

The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and tGossip agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the tGossip.com Services.

8. INDEMNITY

You agree to indemnify and hold tGossip, 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 Site 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 above and/or if any Content that you post on or through the Site causes tGossip to be liable to another.

9. OTHER

The section titles in this Agreement are for convenience only and have no legal or contractual effect. tGossip.com is a trademark of tGossip.

Please contact us at: help@tgossip.com with any questions regarding this Agreement.