TG Squared Studios, LLC (TG Squared Studios) owns and operates this website. TG Squared Studios is committed to fair information practices. In order to provide you with a personalized Internet experience that delivers the information, resources and services that are most relevant and helpful to you, TG Squared Studios sometimes collects information during your visits to understand what differentiates you from each of our many other users. We will not disclose the information we collect during your visit to any person or organization outside TG Squared Studios, except as described in this Privacy Policy.
TG Squared Studios respects the privacy and security of users of this website. Accordingly, TG Squared Studios has prepared this statement disclosing its privacy practices. This statement sets forth what personal identifying information of yours TG Squared Studios might collect, how TG Squared Studios might use your information, how TG Squared Studios protects your information, who has access to your information, and how you can correct inaccuracies in your information.
What Information We Collect and How We Use It.
TG Squared Studios collects certain information from and about its users three ways: directly from the user, from our Web server logs and with cookies.
Web server logs: When you visit TG Squared Studios Web sites, TG Squared Studios may track information to administer the site and analyze its usage in order to improve TG Squared Studios web site and better serve its customers.. However, TG Squared Studios does not correlate this information with data about individual users. Examples of information TG Squared Studios may track include:
• your Internet protocol address
• what kind of browser or computer you use
• the number of links you click within the site
• the state or country from which you accessed the site
• the date and time of your visit
• the name of your Internet service provider
• the Web page you linked to our site from
• the pages you viewed on the site
• search terms
Cookies: Our Web sites use cookies (i.e., small bits of text that our servers place into a file on your computer’s hard drive). This is used to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on our Web sites.
Personal information users give us: On some of our Web sites, visitors can register to purchase products or services, receive personalized content and participate in surveys or contests. When you register, we will ask you for some personal information.
If you purchase a product, we will request financial information (E.g., your name and credit card number). Any financial information we collect is used only to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.
For other types of registrations, we will ask for your name, address, e-mail address or telephone number. We may then contact you with information about other TG Squared Studios products and services.
Finally, you may be asked to disclose personal information to us so that we can provide assistance and information to you. For example, we may collect personal information from you (such as an e-mail address, system information and problem descriptions) in order to provide online technical support and troubleshooting.
Opt-Out Policy.
We give users options wherever necessary and practical. Such choices include:
• Opting not to register to receive our electronic newsletters.
• Opting not to participate in certain interactive areas, which completely alleviates
the need to gather any personally identifiable information from our users
Children.
Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
How We Protect Your Information.
MBI uses technical security measures to prevent the loss, misuse and alteration of information under our control.
For example, when we ask customers to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer (SSL) technology.
Who Has Access to the Information?
TG Squared Studios may share your personal data in these ways:
• as required by law, in a matter of public safety or policy, or as needed in connection with the transfer of other business assets.
• In compliance with U.S. law, TG Squared Studios does not share information with any unaffiliated third parties for marketing purposes unless you expressly authorize us to.
• with other TG Squared Studios businesses
• with agents and contractors who use it on TG Squared Studios behalf or in connection with their
relationship with us.
Links to Other Companies’ Sites.
Our Web sites contain links to sites maintained by companies that are not affiliated with TG Squared Studios. We are not responsible for the privacy practices or the content of those sites, and we encourage you to use caution when visiting them. In particular, we recommend you view the privacy policy posted on each site.
Privacy Policy Changes.
If our information practices change in a significant way, we will post and highlight the policy changes.
Your Consent.
By using this site, you consent to the collection and use of this information by TG Squared Studios. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it
Questions.
Please send an e-mail message through our contact us page.
Website Terms of Use Agreement
Welcome to our Website. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The terms “TG Squared Studios” or “us” or “we” or “our” or “TG Geeks”, or “The Two Gay Geeks” refer to TG Squared Studios, LLC, the owner of the Web site. The term “you” refers to the user or viewer of our Web Site.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you with respect to this Site and supersedes all other agreements, representations, warranties and understandings with respect to all aspects of the Site and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. This Agreement may only be amended in writing.
ELECTRONIC COMMUNICATIONS
When you use this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. TGGeeks.com reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant TGGeeks.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TGGeeks.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TGGeeks.com or its affiliates for all claims resulting from content you supply. TGGeeks.com has the right but not the obligation to monitor and edit or remove any activity or content (especially if you do not play nice) (in the immortal words of Will Wheaton, “Don’t be a Dick”). TGGeeks.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as specifically allowed in this Agreement is strictly prohibited. You do not acquire ownership rights to any content, documents or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties, and the posting of such work does not create any rights, title or interest in such work in the viewer.
Service Marks.
TG Squared Studios, TG Geeks, TG Geeks Webcast, The Two Gay Geeks, and “You Name It, We Talk About It” are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
a. to access and use the Site strictly in accordance with this Agreement;
b. to use the Site solely for internal, personal, non-commercial purposes; and
c. to print out discrete information from the Site solely for internal, personal, non-
commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use. You may not
a. copy, print (except for the express limited purposes set forth in this Agreement), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom;
b. use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any medium now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
c. create compilations or derivative works of any Content and Materials from the Site;
d. use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
e. remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site;
f. make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
g. remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
h. use any automatic or manual process to harvest information from the Site;
i. use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; or (3) unsolicited telephone calls or facsimile transmissions;
j. use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and
k. export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
Linking to the Site.
You may provide links to the Site, provided
a. You do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site;
b. your site does not engage in any illegal or pornographic activities;
c. your site does not bring the Site in disrepute or aid in its unlawful replication; and
d. You discontinue providing links to the Site immediately upon request by us.
Advertisers.
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. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. We make no warranty regarding any representations made by any Advertiser or Sponsor.
Registration.
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 information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit any other person to use the registered sections under your name or to access the Site by means of a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Errors, Corrections and Changes.
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.
Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.
Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. We are not required to disclose information which may be released as a result of subpoena or a request from a government investigatory branch or office.
Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is personal and not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. Any attempted transfer shall be void.
Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED HEREIN. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability.
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
a. any errors in or omissions from the Site or any services or products obtainable therefrom;
b. the unavailability or interruption of the Site or any features thereof;
c. your use of the Site;
d. The content contained on the Site; or
e. any delay or failure in performance beyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. IF WE REFUND ANY MONEY FOR ANY REASON, THEN ACCEPTANCE OF SUCH REFUND SHALL CONSTITUTE A WAIVER OF ANY AND ALL CLAIMS, RIGHTS OR CAUSES OF ACTION.
Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Third-Party Services.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link insert link to privacy policy.
Payments.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. You hereby indemnify us from all costs, expenses, damages and fees, including but not limited to attorneys’ fees, arising out of your failure to pay or the provision of inaccurate credit information. We will charge interest on overdue and unpaid accounts.
Securities Laws.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
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
A statement by you, made under penalty of perjury, that the above 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 the Site can be reached by directing an e-mail to the Copyright Agent through our contact us page.
Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, we will refund you your purchase price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. Please note , however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us by email at insert email here. You may obtain any additional information concerning our refund and return policy, including our mailing address, by contacting us insert email here.
Miscellaneous.
This Agreement be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations of damages herein set forth. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements 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. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. 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 rule of construction of construing against the drafter does not apply to this Agreement.
Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through the American Arbitration Association, but the prevailing party in the arbitration shall be entitled to recovery of all attorneys’ fees and costs, both taxable and non-taxable.
