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Terms of Use

Temptalia LLC – Terms of Use
May 3rd, 2013

This Terms of Use and Privacy Policy govern all websites, user features, mobile applications, and other services (past, current, or future) regardless of the methodology of distribution (collectively, the “Service” or “website”) provided by Temptalia LLC (“Temptalia,” “we,” “us,” or “our”).

By choosing accept, you are agreeing to adhere to the Terms of Use, whether you are acting as an individual or on behalf of an entity, including companies, corporations, and digital mediums that crawl, harvest, index, scrape, spider, or otherwise mine digital content by an automated or manual process (collectively, “user,” “you” or “your”).

1. Your Responsibilities

The Service is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. If you are under 18, you must obtain authorization from a parent or guardian to use the Service. If you have been terminated or banned, you may not use the Service. You may not infringe the copyright or comment policies of this website, attack the website using malicious software and/or data mining, or to restrict or impede access to the Service.

  1. Registration
    Certain features or services may require registration. When you register with us and each time you access the Service, you may be providing particular information about yourself. You agree that we may use this information in accordance with the provisions of our Privacy Policy. If you choose to register with us, you agree to 1) provide accurate, current, and complete information as prompted, and 2) maintain and update such information.

    1. You are authorized to have one Personal account
    2. You may not impersonate another person (e.g. a celebrity)
    3. You may not use someone else’s account
  2. Password and Security
    You alone are responsible for maintaining confidentiality regarding your account and password. In the event of a security breach, you must notify us of any unauthorized use of your account.
  3. Your Content
    You alone are responsible for any content you create or submissions you submit. Once published, it may not be withdrawn except with our permission, which is decided on a case-by-case basis. You own all rights to your content, but you grant us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, fully-paid license (sublicensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works, and publicly display your content and submissions (in whole or in part) in any format or medium now known or later developed; including commercial purposes. We reserve the right to display advertisements with user submissions and to use user submissions for advertising and promotional purposes without any compensation to you.

    1. Your content/submissions must be your own and not violate another’s copyright
    2. You may not use the Service as a method of advertisement or spam
      1. Except for promotional opportunities (such as a link back to your website) as permitted by the Service

2. User Submissions and User-Generated Content

You own your content. We do not own, endorse, or otherwise agree with any user-generated content or submissions. You will be liable if your content violates any applicable law or regulation, such as information that is defamatory, false, or fraudulent, violates any third-party right (such as copyright, patent, trade secret, trademark, and so forth), includes illegal hate speech/pornography, exploitation of minors.

All content and materials provided on the Service is intended for general information, general discussion, education, and entertainment purposes only. THE CONTENT IS PROVIDED “AS IS,” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK.

3. Our Content

We provide our content for general information purposes only. The content constitutes the opinions of its author only. Unless otherwise specified, authors are not medical professionals or certified experts in their field. You should never substitute information from this website for information obtained from a licensed professional.
All content and images published by the Service, except user-generated content and submissions, are owned solely by us. We retain all rights to our content. Any unauthorized copying, reproduction, republishing, uploading, posting, transmitting, or duplicating of any of the material is prohibited without express written permission from the website. You are not allowed to reproduce, sell, and modify any part of this website. To obtain permission to copy portions of the website, please submit your request to copyright@temptalia.com.

4. Copyrights

The content on the Service is, without limitation, protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us.

5. Commercial Use

You may not duplicate, create derivative works, distribute, or otherwise make any commercial use of any content, materials, or databases from the Service or our website. You are permitted to keep information for your own non-commercial purposes. You may not reverse engineer, disassemble, or decompile software, applications, or source code (except where expressly permitted by law) the Service or the website.

6. Comment Policy

The purpose of the comments’ section is to provide an area for discussion between authors, you, and users. Discussion and debates are highly encouraged, and disagreements are expected and provide opportunities to create a fuller picture. As certain topics and comments can arouse passionate feelings on either side of the argument, all users and comments must adhere to community guidelines. These guidelines require that users participate in a civil, intelligent, and respectful manner. Comments which do not add to the conversation (including, but not limited to, advertising, off-site links, and spam) or go on an inappropriate tangent may be edited, moved, or deleted. No personal attacks are permitted in the comments or towards an author or other commenters. Trolls and trolling comments will not be permitted. The comments you leave should be constructive, helpful, or insightful–they add value to the conversation. If an otherwise intelligent, well-written comment is accompanied by personal attacks, condescension, ridicule, or other such behavior, it may be subject to deletion. If you have to insult someone to make your point, your comment will be deleted. Violation of the Comment Policy may result in limited or blocked access of the Service.

7. Advertising

The Service may display advertisements and other information adjacent to or included with your content. We reserve the right to display advertisements with user submissions and to use user submissions for advertising and promotional purposes without any compensation to you. Advertisements and sponsorships are clearly indicated.

8. Privacy

The privacy of our visitors to the website is important to us. We recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use visit us, and how we safeguard your information. We never sell your personal information to third parties.

a) Collection of Information. We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. For example, mailing information is required to award giveaway prizes to winners, but this information is never used or sold for any additional purpose beyond fulfilling the prize. Personally identifiable information is used solely to address your specific request and is not sold to third parties or market researchers. We also collect non-personally identifiable information through such devices like analytics, cookies, and log files, which may include, but is not limited to, your IP (internet protocol) address, your ISP (internet service provider), the Web browser you used to visit the Service, the time you visited the Service, which Web pages you visited on the Service, and other anonymous Service usage data.

b) Distribution of Personally Identifiable Information. We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

c) Commitment to Data Security. Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

e) Cookies and Web Beacons. We do use cookies to store information, such as your personal preferences when you visit our site. This could include only showing you a popup once in your visit, or the ability to login to some of our features, such as forums. We also use third party advertisements on the Blog to support the business. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites). You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.

f) Children. We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.

9. Copyright Infringement

We respect the intellectual property rights of others. Users who engage the Services in violation of copyright law are subject to removal of infringing user submissions, suspension of access to the Service, and/or termination. Pursuant to Title 17 of the United States Code, Section 512, we have procedures for receiving written notification of claimed copyright infringement in accordance with such law. If you believe a user of the Service is infringing your copyright, please provide written notice to copyright@temptalia.com.

Your notice must include a) your physical or electronic signature; b)identification of the copyrighted work alleged to have been infringed; c) identification of the allegedly infringing material in a sufficiently precise manner to enable us to locate the material; d) contain your contact information; e) contain a statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, copyright owner’s agent, or the law; f) contain a statement that the information in the written notice is accurate; and g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

10. Modifications to the Terms of Use/Privacy Policy

From time to time, the Terms of Use and/or Privacy Policy may be modified. The most recent revisions will be reflected on this page, which is accessible in the footer of every page of our website by clicking “Terms of Use” or “Privacy Policy.” Your continued access or use of the Service after a revision has been published constitutes your acceptance any changes or revisions. If you do not agree with the Terms of Use and/or Privacy, you may not access, visit, or use the Service.

11. Modifications to Services

We may modify or discontinue the Service or any part thereof with or without notice to you. Your agreement to the Terms indicates your agreement that we shall not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.

12. Termination

We may terminate your access to the Service or close your registered account at any time, without notice, if you violate these Terms or engage in any conduct that at our sole discretion is in violation of applicable law or regulation or is harmful to the interests of us, other users of the Service, or any third party. WE ARE NOT LIABLE TO YOU OR ANY THIRD-PARTY FOR THE REMOVAL OF YOUR ACCESS, INCLUDING RELATED USER-GENERATED CONTENT AND SUBMISSIONS. At our sole discretion will we retain, store, or provide you access to data you have stored or created prior to termination. We may investigate your use of the Service if we believe you have violated the Terms. You may discontinue use of the Service at any time.

13. Fees

We reserve the right to charge fees for access to the Service, any feature or set of features, additional content, or other new developments in the future at any time. You will not be charged for access without your agreement to pay such fees, but your decision not to pay the fees may result in loss of access to paid-content and paid-features/services. You will agree to pay fees when you sign-up for fee-based services, which will clearly indicate any additional payment terms and conditions.

14. Links and Third Parties

We provide links to other websites and third-parties for your convenience only and this linkage does not imply our endorsement of such website or third-party or its contents. You agree that we are not responsible for any information, software, or materials found at any other website or third-party.

15. Disclaimer of Warranties AND Limitation of Liability

THIS SECTION LIMITS THE LIABILITY OF TEMPTALIA AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, AND LICENSORS.
FEATURES, FUNCTIONALITIES, CONTENT, AND SERVICES MAY BE HOSTED, DEVELOPED, RUN BY , OR ADMINISTERED BY THIRD-PARTIES, SUCH AS OUR SERVICE PROVIDERS, INCLUDING FOR SOCIAL, FORUMS, CMOMUNITIES, PHOTO GALLERIES, VIDEO GALLERIES, CHATS, BLOGS, SHOPPING, SEARCHES, AND SO FORTH. THERE MAY BE ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AND/OR AGREEMENTS BY THESE THIRD-PARTY PROVIDERS. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW THESE TERMS AND AGREEMENTS. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.

YOU AGREE THAT YOU ARE USING THE SERVICE AND THE WEBSITE AT YOUR OWN RISK. ALL SERVICES AND ACCESS TO THE WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND ON AN “AS AVAILABLE” BASIS. You agree that we cannot guarantee continuous operation of or access to the Service. To the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from using the Service or Website. Our maximum aggregate liability to you for losses or damages you suffer in connection with the Service is limited to the greater of a) amount paid, if any, by you to us in connection to the service for the 12-months prior to the action giving rise to liability, or b) $100.

ACCESS AND STORAGE OF YOUR CONTENT AND DATA IS NOT GUARANTEED. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF DATA CAUSED BY THE SERVICE OR THEIR UNAVAILABILITY. ANY INFORMATION OBTAINED BY THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM SUCH INFORMATION.

16. Exclusions and Limitations

Depending on your jurisdiction, some of the above disclaimers and limitations may not be applicable, when a jurisdiction does not allow for the exclusion of certain limitations, exclusions, or warranties. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

17. Indemnification

You agree to indemnify, defend, and hold us, employees, vendors, licensees, subsidiaries, affiliates, partners, officers, directors, consultants, and agents harmless from any claim or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of your beach of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claim.

18. Electronic Notices

You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Service constitutes your acceptance signature to these Terms. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.

19. Compliance with Local Laws

The Service is based in the United States. It is not designed or customized for any other country. You may use them only if they comply with the laws of the country from which you are accessing the Services.

20. Choice of Law and Venue

California law will govern these Terms, along with any claim, cause of action, or dispute that may arise between you and us, without regard to principles of conflict of law. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SANTA CLARA COUNTY, CALIFORNIA.

21. Miscellaneous

These Terms, along with any other terms that may be part of additional license agreements for certain features, services, or software, constitute the entire and final agreement between you and us which govern your use of the Service. This agreement supersedes and prior agreements between you and us on the subject matter. In the event of any conflict between these Terms and feature or site-specific Terms, these Terms shall govern.

Any failure by us to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for in the Terms shall not be considered a waiver of any further rights.

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited as applicable or eliminated to the minimum extent necessary to allow the Terms to remain enforceable and full force and in effect.