THIS IS A LEGAL NOTICE
By sending your photo(s) you are agreeing to the terms and conditions of the Agreement below.
"The Flirty Guide Illustration Prize Winner Terms and Conditions: Your entry is your agreement to the following terms if you are selected as the winner of a custom illustration: You grant TFG.com a perpetual, royalty free, non-exclusive license to use, reproduce, modify, transmit, distribute and sub-license in any medium, now in existence or hereafter developed,for any purposes, including commercial useof the illustrated image of you for any and all purposes on or off of The Flirty Guide.com website. You agree to indemnify TFG and its affiliates, and to hold them harmless from any and all claims and liabilities (including legal fees of every kind and nature.) that may arise from the submission of your photo(s) to The Flirty Guide.com."
• If you choose not to accept these terms please contact me by email or phone to decline acceptance of your prize. If I do not hear from you within ten days of notification being transmitted by email or phone that you were a prize winner, your prize will be forfeited and an alternate winner chosen at random.
View our full Terms and Conditions below.
The following Terms and Conditions (Terms and Conditions) apply to this website under the domain name The Flirty Guide.com ("TFG") and to any correspondence and/or Content submissions between you and TFG. Please read the Agreement carefully before submitting content to TFG.com. Submitting Content ("Content"), including but not limited to any photographs, graphical illustrations, intellectual property or other Content, to TFG.com indicates that you understand, acknowledge and agree that you will abide by our Terms and Conditions and that you accept them.
If you do not accept the Terms and Conditions in this Agreement, please choose decline in the form above.
In this Agreement, the term "TFG.com" includes all websites and web pages within TFG.com as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with TFG.com.
1. SUBMISSION OF CONTENT
1.1 When you submit Content, or by using the Content Submission Features on TFG.com's website you expressly acknowledge your acceptance of this Agreement in its entirety.
1.2 In consideration for your Content appearing on the TFG.com, you grant the TFG.com a perpetual royalty free non-exclusive license to use, reproduce, modify, translate, transmit, distribute and sub-license any Content you supply or communicate to the Website in any medium, now in existence or hereafter developed, for any purposes, including commercial use.
1.4 TFG.com prohibits the posting, transmitting or submitting to or from this Website any Content for which you have not obtained all necessary releases and or/licenses.
2. CHANGES TO TERMS AND CONDITIONS
TFG.com reserves the right to without advance notice or liability by it's users or any third party revise the site and these Terms and Conditions at any time. It is your responsibility to check back and read any and all updates as they are binding.
3. INTELLECTUAL PROPERTY RIGHTS
3.1Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs, graphic images and ideas ) are owned by the TFG.com or its Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers, suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.
3.2 Any rights not expressly granted in these terms are reserved.
3.3 Your submission acknowledges that you represent and warrant that you are the owner of all the right title and interest in the Works or that you have in your possession a release from any interested parties that you have the right to submit their work in your own name.
3.4 TFG respects the intellectual property rights of others, and in good faith we ask our users do the same.
5.1 You agree to indemnify TFG and its affiliates, employees, agents, and operational service providers and to hold them harmless from any and all claims and liabilities (including legal fees of every kind and nature) that may arise from your submissions of Works to the TFG Website, from your breach of these Terms and Conditions, or from any acts arising from your use of the TFG Website.
5.2 You agree to indemnify TFG, and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of TFG's group companies or agents from all liability and responsibility for any amount or kind of loss or damage (actual and consequential), that may result to you or to a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise, in any way or in connection with submitting Works to this Website or by TFG reproducing the Works in any form.
6.1 Nothing in this Terms and Conditions shall exclude or limit TFG´s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
6.2 In any dispute and under no circumstances shall TFG be liable to you for any amount exceeding one thousand dollars ($1000.00).
6.3 In any dispute you agree to seeking resolution through binding arbitration
7. DISCLAIMER OF WARRENTIES
TFG disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on TFG.com. TFG disclaims any and all responsibility and liability for the conduct of any user or member.
TFG, and all materials, information, products and services included therein are provided "as is." with no warranties whatsoever. TFG expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non infringement of proprietary rights. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
You understand and agree that TFG.com may access, preserve, and disclose your personal information and content submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of TFG.com, its affiliates or the public.
9. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States, where the issue is a federal question and the laws of the State of California where the issue is a state question. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction and venue of a court in the State of California and disputes arising in connection with the copyright laws shall be subject to the exclusive jurisdiction of the United States Courts in the Northern District of California.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Francisco, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
10. Effective Date
This Agreement is effective on the date you agree to these terms and conditions and successfully submit Content.