GiantTGP.com Terms and Conditions   Copyright NoticeMiscellaneous Disclaimers18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement Privacy Statement GiantTGP.com.com Terms of Service Your California Privacy Rights IMPORTANT! PLEASE READ CAREFULLY. The terms set forth below comprise a legal agreement between you and GiantTGP.com (alternatively referred to as "GiantTGP.com" "We," or "Us") and spell out the terms and conditions to which users of the GiantTGP.com website, (the "Site") are expected to adhere. Please read these terms and conditions carefully before using the Site, because by using or remaining on the Site, you (alternatively, referred to as you or "User") agree to be bound by the terms set forth herein, including, without limitation, our Privacy Policy below (together, the "Agreement"). We reserve the right to amend this Agreement at any time and will post the amended Agreement here. Copyright Notice Copyright © 2006 Spice Entertainment, Inc. All rights reserved. No material on the Site may be reproduced or be distributed, publicly performed, proxy cached or otherwise used in any manner, except with the prior express permission of Spice Entertainment, Inc. Miscellaneous Disclaimers All materials, including, but not limited to, articles, photographs, images, illustrations, messages and other communications, audio clips and video clips, contained on the Site are intended for distribution exclusively to consenting adults in locations where such materials do not violate any community standards or any federal, state or local law or regulation of the United States, or any law of any other country. No persons under the age of eighteen (18) years (twenty-one (21) in places where eighteen years is not the age of majority) may directly or indirectly view or possess any of the contents of the Site or place any orders for any goods or services advertised at or on the Site. GiantTGP.com Privacy Policy Effective as of August 22, 2006 This Privacy Policy (the "Policy") applies to the GiantTGP.com ("GiantTGP.com" or "we") website (the "Site"). It does not apply to other online or offline websites, products or services. This Policy explains what information we collect about you and what we do with it. We reserve the right to modify this Policy at any time, and we will post any new policy here. You should return to this Policy often to see if it has changed. By using or navigating the Site, you acknowledge that you have read, understand and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to the terms of this Policy, please do not use or visit the Site. What information do we collect? We collect personal information that you provide to us such as your name, e-mail address. We generally collect this information when you sign up to receive newsletters and/or announcements from the Site . We may also collect information from our online surveys such as age, gender and income level. Finally, we collect IP addresses and anonymous demographic information. What do we do with the information we collect? We use personal information and other demographic or profile information you provide to us to fulfill your orders or requests; to provide you with information about GiantTGP.com and some of our partners; and to contact you when necessary. We use IP addresses and anonymous demographic information to tailor your experiences at our Site by showing content in which we think you will be interested and displaying content according to your preferences. Anonymous demographic information is shared with advertisers and market researchers on an aggregate basis. We use information collected to evaluate and improve our services. We may develop and use, in our sole discretion, consumer research, which may be based on your use of our services. Personal information collected on the Site is stored and processed in the United States and by using the Site, you consent to any such transfer of information outside of your country. Do we share the information we collect with third parties? In some cases, we will share information we collect (including personal information or anonymous demographic information) with third party companies who may offer products or services in which we believe you may be interested. We also share this information with third parties with whom we partner to co-promote and administer sweepstakes and contests on our Site. You may elect not to receive promotional e-mails from us or other companies we select by choosing one of the unsubscribe options described below. We may also share information we collect with third party service providers to manage certain aspects of the services we provide, such as maintaining our servers and processing or fulfilling orders for products and services you purchase through the Site. We may also disclose your information in special cases if required to do so by law, court order or other governmental authority or when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of GiantTGP.com, another user or anyone else that could be harmed by such activities. Is the information submitted in public forums confidential? No. The Site may offer chat rooms, forums, message boards and/or news groups to our users. Please remember that any information disclosed in these areas becomes public information. Accordingly, you should exercise caution when deciding to disclose your personal information and you do so at your own risk. Do we use cookies? Yes. Cookies are pieces of information generated by web servers and stored in your computer for future access. The Site uses cookie technology to enhance your online experience by making it easier for you to navigate through our Site or make a feature work better. Generally, cookies can be disabled. However, you must accept cookies in order to navigate the Site. Do we use web beacons? Yes. The Site may contain electronic images known as "web beacons" or single-pixel gifs that allow us to count visitors to our Site and deliver co-branded services. Web beacons collect limited information including cookie number, time and date of a page view and a description of the page on which the web beacon resides. Is the Site secure? We are committed to maintaining the security of your information and have measures in place to protect against the loss, misuse and alteration of the information under our control. All credit transactions occur in a secure area of the Site using Secure Sockets Layer ("SSL") software to process orders. SSL encrypts the information you input on the Site. In addition, all information is stored in a secure location behind a firewall with limited administrative access. Does this Policy apply to linked sites other than the Site? No. The Site contains links to other Internet sites, resources and sources of GiantTGP.com. By clicking on an ad banner or other link, you will be redirected off the Site and to third party websites. GiantTGP.com is not responsible for the privacy policies of such sites. You should make sure that you read and understand the privacy policies of these sites and direct any concerns regarding external links to the site administrator or webmaster of that third party website. How do I unsubscribe? All e-mails you receive from us will include specific instructions on how to unsubscribe and you may unsubscribe at any time. Additionally, you may use any of the following options for removing your information from our database: (1) Send an email to info@GiantTGP.com (please indicate GiantTGP.com as the Site from which you would like to be unsubscribed); (2) Select the opt-out link at the bottom of any GiantTGP.com email and follow the instructions provided; (3) Send a letter with your request to the following address (please indicate GiantTGP.com as the Site from which you would like to be unsubscribed): Customer Service GiantTGP.com 680 North Lake Shore Dr. Chicago, IL 60611 Please note, however, you cannot opt out of receiving emails from us regarding your account and/or the status of an order. Can I update/correct my information? Yes. You may correct or update your personal information by sending us an email at info@GiantTGP.com. YOUR CALIFORNIA PRIVACY RIGHTS California residents who have an established business relationship with GiantTGP.com may choose to opt out of GiantTGP.com disclosing personal information about them to third parties for marketing purposes. From time to time, we may share your personal information with carefully screened companies that offer products or services that we believe you may enjoy. If you do not want us to share your personal information with such third parties, please send us your name, address and phone number to info@GiantTGP.com. Your opt out request will be processed within 30 days of the date it was received. GiantTGP.com Terms of Service Effective as of August 22, 2006 Access to and use of the GiantTGP.com adult content portal (the “Service”) is provided to you subject to these terms and conditions (the “Terms”). These Terms comprise a legal agreement between you and Spice Entertainment, Inc. ("SEI"). PLEASE READ THESE TERMS CAREFULLY, BECAUSE BY ACCESSING OR USING THE SERVICE YOU INDICATE YOUR ASSENT TO BE BOUND HERETO AND YOUR ACKNOWLEDGMENT OF AND AGREEMENT TO THE PROVISIONS CONTAINED HEREIN. If you do not agree with or do not wish to be bound by these Terms, do not use the Service or remain on the GiantTGP.com website. SEI reserves the right to amend, change or otherwise modify these Terms, at any time in our sole discretion, and will post the amended Terms here. Restrictions on Use of Service Age Verification. You represent, warrant and covenant that you are at least 18 years of age and that it is legal to view adult material in your community. Acknowledgment of Nature of Materials. You represent, warrant and covenant that you understand that the content and links presented through the Service may include visual, audio, and/or textual depictions of nudity and sexual activities, including, without limitation, heterosexual, bi-sexual and/or homosexual activities of a sexual nature; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these Terms, you warrant to SEI that you are intentionally and knowingly seeking access to such materials for your own personal viewing for entertainment, informational and/or educational purposes only. Personal Use Only. The Service, including, without limitation, all materials presented on the Service, is made available for your personal, non-commercial access and use only. You may not use the Service to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the results from a GiantTGP.com search and reformat and display them, or mirror the GiantTGP.com home page or any results pages on your website. In addition, you may not "meta-search" GiantTGP.com. Modification of Service; Denial of Access. SEI reserves the right to change any information, features and functions of the Service without prior notice. SEI may deny you access to all or part of the Service without prior notice if you engage in any conduct or activity that SEI determines, in its sole discretion, violates these Terms, the rights of SEI or any third party, or is otherwise inappropriate. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction conducted on the Service. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. Restrictions on Use of Content Protection of Content. All materials published on the Service (including, but not limited to text, photographs, images, illustrations, audio clips and video clips, also collectively known as the “Content”) are protected by copyright and other intellectual property laws, and are owned, controlled by or licensed to SEI or the party credited as the provider of the content, software or other materials. You shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service. Protection of Website. The GiantTGP.com website is protected by U.S. copyright laws, international conventions and other copyright laws. Except as set forth in these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or the underlying technology of the Service in whole or in part. Personal Use Only. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from SEI, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted. Copyright Infringement & Agent for Notice. If you believe that any content has been used on the Service in a manner that constitutes infringement of your copyright, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that has allegedly been infringed; 2. an identification of the copyrighted work claimed to have been infringed; 3. a description of where the material that you claim is infringing is located on the Service; 4. your address, telephone number, and e-mail address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement on this Site is: By postal mail: Intellectual Property Counsel PEI - GiantTGP.com 680 N. Lake Shore Drive Chicago, IL 60611 By telephone: (312) 751-8000 By fax: (312) 266-2042 By email: copyright@GiantTGP.com Disclaimers Regarding Links & Third Party Resources. The Service contains links to other World Wide Web Internet sites, resources and sponsors of the Service. Selection of an ad banner or link will redirect you off of the Service to a third party website. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of SEI. SEI does not endorse any third party, nor guarantee the price, terms, performance of any goods or services, or information provided by any third party. Because SEI is not responsible for the availability of these outside resources or their content, you should direct any concerns regarding any external link to its site administrator or webmaster. Regarding Search Results. SEI disclaims any and all responsibility or liability for the truth, accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service’s results. SEI disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. SEI disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service. No Warranties. SEI neither represents nor endorses the accuracy or reliability of any opinion, statement or other information displayed, or distributed through the Service by any information provider or any other person or entity. THE SERVICE IS PROVIDED "AS IS." SEI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE. SEI DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. Limitation of Liability. SEI SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH ACCESS TO OR USE OF THE SERVICE OR ANY OF THE MATERIALS PROVIDED BY SEI OR ANY THIRD PARTY THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF SEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SEI’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). Risk of Use & Remedy. You hereby acknowledge that use of the Service is at your sole risk. In the event that you are in any way dissatisfied with the Service provided by SEI, your sole remedy is to discontinue your use of the Service. Indemnification. You shall indemnify and hold SEI, and its parent, partners, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms or your violation of any rights of another. Miscellaneous Correspondence. Official correspondence must be sent via postal mail to: SEI - GiantTGP.com Attention: General Counsel 680 North Lake Shore Drive Chicago, IL 60611 Governing Law. These Terms shall be governed by the laws of the United States and the State of Illinois, as applicable to contracts executed and delivered in Illinois between Illinois residents, without regard to conflicts of law principles. Any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of courts located in Chicago, Illinois and you agree to submit to the personal jurisdiction and venue of such courts. GiantTGP.com makes no representation that the Content on the Service is appropriate for access outside of the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws. Severability. In the event that any of the provisions of these Terms are held to be unenforceable by a court or arbitrator, those provisions should be reformed to the extent necessary to make such provisions enforceable, and the remaining portions of the Terms will remain in full force and effect. Assignment. SEI may assign these Terms (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of SEI or (iii) in connection with the sale of the GiantTGP.com website or the business unit associated with the GiantTGP.com website. Entire Agreement; No Waiver. These Terms constitute the entire agreement between the parties with respect to your use of the Service, and supersede and replace all prior or contemporaneous understanding or agreements, written or oral, regarding the same. SEI’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision unless in writing and signed by SEI. YOUR CALIFORNIA PRIVACY RIGHTS California residents who have an established business relationship with GiantTGP.com may choose to opt out of GiantTGP.com disclosing personal information about them to third parties for marketing purposes. From time to time, we may share your personal information with carefully screened companies that offer products or services that we believe you may enjoy. If you do not want us to share your personal information with such third parties, please send us your name, address and phone number to info@GiantTGP.com. Your opt out request will be processed within 30 days of the date it was received.