This Agreement governs the use of The Giggle Guide® (TheGiggleGuide.com), its online business resources, and all associated services related to the Web site (collectively, the “Site”), which is owned and operated by netFocal Inc. (“The Giggle Guide”, “netFocal”, “us”, “our”, “we”), the legal owner of the Site. By accessing or using the Site, you are agreeing to comply with and be bound by the following terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you should not use the Site. This Agreement may be amended or terminated at any time by us without direct notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. We may discontinue, change or restrict your use of the Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms of Use, including the right to block access from a particular Internet address to the Site.
You acknowledge that the Site contains information, software, photographs, audio and video clips, graphics, text, images, illustrations, designs, icons, links and other material that are protected by copyright, trademark or other proprietary rights of The Giggle Guide® or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the “Content”). The Site as a whole is protected by copyright and trademarks, all worldwide right, title and interest in and to which are owned by The Giggle Guide®.
The phrase “The Giggle Guide” is subject to a pending USPTO registration filed by netFocal Inc. (USPTO link) Other trade names and trademarks present on the Site appear with the permission of their respective owners, or appear under principles of “fair use.” Unless otherwise noted, by using a third party’s trademark or trade name on the Site, we do not intend to suggest any affiliation with or endorsement of such third party or its products or services, and we hereby expressly disclaim any such affiliation or endorsement.
You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Users of the Site may use the Content only for their personal, non-commercial use in accordance with the limits of “fair use” under applicable copyright law. The Giggle Guide® may make available through the Site’s sample and actual forms, checklists, and other documents (collectively the “Documents”). The Giggle Guide® hereby grants you limited rights and permission to use the Documents for your personal, non-commercial purpose without any right to re-license, sublicense, distribute, assign or transfer such rights. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Except as expressly permitted by “fair use” principles of applicable copyright law, no copying, storage, redistribution or publication of any Content is permitted without the express permission of The Giggle Guide®, the owners of such Content, or their authorized persons, if other than The Giggle Guide®. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. You may not reproduce (except as expressly provided above), modify, publish, distribute, sell or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software, except in accordance with the limits of “fair use” under applicable copyright law. Use of the Content or any related software which is not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use, and may also constitute a violation of copyright, trademark, and other law.
The Site is intended to be used for lawful purposes only. You may have the opportunity to transmit or otherwise make available information, images, or other content on the Site (“User Content”). You may not post on the Site any content which (a) is libelous, false, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the Site any links to any external Internet Site that is obscene or pornographic. You may not impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity. You shall not use the Site for any commercial purpose not expressly approved by The Giggle Guide®, nor shall you distribute any “spam,” advertising or solicitation of funds or goods and services or solicit users to join competitive online services. You agree that, in submitting User Content, you will only submit User Content that is reasonably related to the subject matter of the online discussion or Site, as applicable. You are expressly prohibited from using our Site to post or transmit any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
As further conditions to your use of the Site and the Content, you further specifically agree that you will not:
On specific areas of our Site you will be allowed to submit User Content. We do not prescreen User Content. The Giggle Guide® shall have, in its sole discretion, the right to edit, refuse, remove or move any User Content from the Site.
Please understand that we do not control – and do not necessarily endorse – any User Content. When you access User Content, you do so at your own risk, and we expressly disclaim responsibility for the User Content.
We disclaim all responsibility or liability arising from User Content, and assume no responsibility for any error, omission, defamation, falsehood, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. We have no obligation to respond to any User Content, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice.
Towards these ends, we reserve the right in our discretion (i) to monitor your use of the Site, your profile, and email and other User Content transmitted through the Site, (ii) to restrict or foreclose access to the Site, and (iii) to take other actions we reasonably deem necessary. Due to this monitoring, you cannot expect that communications through our Site will remain “private” or otherwise free of our review. Please refer to our Privacy Policy for a precise statement concerning your expectations of privacy.
The nature of our Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. All posted Content shall be the property of The Giggle Guide®. You agree that we may use or disclose such Content in any manner. Moreover, we shall be free to use, without restriction, any ideas, concepts, know-how, suggestions, or techniques contained in any posted Content you send to the Site for any purpose whatsoever.
We will only use the information you provide on the Site in accordance with our Privacy Policy. For more information, see our complete Privacy Policy.
Certain content from third parties may be made available as part of the Site. This content is believed to be reliable, but we do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and The Giggle Guide® makes no warranty as to the accuracy of any such information. The Site may contain links to other Sites on the Internet that are owned and operated by our business partners, third party vendors, or other third parties. Clicking on such a link to a third party Web site will cause you to leave the Site. The links are only provided as a convenience and we do not endorse any of these Site. We do not control the third party Site and therefore, we are not responsible for the content of any third party Web site or any link contained in any third party Web site. By using the Site to link to another Web site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the Site to link to a third party Web site. Concerns regarding any third party service, resource, or link should be directed to the particular outside service or resource. Access to other Site linked to the Site is at your own risk, and we disclaim all liability with regard to your access to such linked web Site. In addition, we do not necessarily endorse, sanction, or verify Site that link to the Site, even if the logo or mark of TheGiggleGuide.com or The Giggle Guide® is used as part of the link to the Site.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. You agree that The Giggle Guide® shall not be responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. You also agree that The Giggle Guide® shall not be responsible or held liable for loss, damage or disputes resulting from dealing with advertisers or advertisements on the Site.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration. Each registration is intended for your personal use only, and you are responsible for preventing (a) any other person from using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. Such use of the Site is prohibited.
Alleged Infringement
If you believe that materials posted on the Site infringe rights you enjoy under copyright law in specific materials (collectively, a “Work”), we request that you follow the procedure described on our DMCA infromation page.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subsidiaries, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from and against any and all liabilities, losses, claims, demands, disputes of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or related to your violation of this Agreement or use of the Site.
YOU AGREE THAT USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE GIGGLE GUIDE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS WITHIN THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS, OMISSIONS OR INACCURACIES IN THIS INFORMATION AND MATERIALS WITHIN THE SITE. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS WITHIN THE SITE.
UNDER NO CIRCUMSTANCES SHALL THE GIGGLE GUIDE BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) ARISING FROM OR THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF THE GIGGLE GUIDE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
This Agreement shall be governed by and construed in accordance with the laws of the State of Montana (without regard to conflict of law principles). Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in the county or judicial district which includes Flathead County, Montana.
We make no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to the Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access the Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
This Agreement and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.
If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of this Agreement.
The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.