These Terms and Conditions also govern your membership to the Ticolugar.com Web site if you become a member. By accessing, using, printing, installing, or downloading any material from the Site, or becoming a member of the Site, you agree to be bound by these Terms and Conditions.
This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words 'I agree' or similar syntax. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us. Your consent to use the E-Sign Act is limited to the information herein. Access to this electronic record requires a simple browser program such as Internet ExplorerTM or NetscapeTM and a computer.
These Terms and Conditions are subject to change by the Site at any time in its sole discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, or must exit the Site immediately and you may not use or access the Site or print or download any materials from it. You may use and access the Site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Site. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
It is the intention of Ticolugar.com to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
Access to Sites
This is a license to use and access the Site for its intended purpose and is not a transfer of title. To access the Site, you may be asked to provide certain correct, complete and current, registration details or other information. If Ticolugar.com believes the information you provide is not correct, complete or current, Ticolugar.com has the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member to the Site. Ticolugar.com hereby grants you a limited, nonexclusive, nontransferable personal license to access the Site and the Materials contained therein. You may cache the Materials for your personal, non-commercial internal use only. All Materials on the Sites shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein. Any unlawful, indecent, or otherwise inappropriate or unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. Violators of this limited license may be prosecuted to the fullest extent under law.
Restrictions on Use of Sites
You may not use the Site for any purpose other than what was intended, including any commercial purpose, without Ticolugar.com' express prior written consent. Without consent, you may not: (a) duplicate the Site or any of the Materials contained therein (except as expressly provided herein); (b) create derivative works based on the Site or any of the Materials contained therein; (c) use the Site or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Site or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein; (g) use any meta-tags or any other "hidden text" using Ticolugar.com' name or marks; (h) "deep-link" to any page of any of the Sites (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Site); (j) use any data mining, robots or similar data gathering and extraction tools on the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted herein; or (m) bookmark any page of any Site beyond the membership log-in screen. You agree to cooperate with Ticolugar.com in causing any unauthorized use to cease immediately. At any time, if the Site provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
You are responsible for providing all equipment necessary to access the Site. You may access the non-public portion of the Site only by being a member in good standing to the Site. You may become a member of the Site by completing a registration form accessed by your mobile device or computer. Upon submission of the registration form, Ticolugar.com or its authorized agent will process the application. In connection with completing the registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform Ticolugar.com of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ticolugar.com or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ticolugar.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
·Member Account, Password and Security
Unauthorized access to the Site is illegal and a breach of this Agreement. You represent and warrant that you will not disclose to any other person your unique user name and password that you select as part of the registration process, and that you will not provide access to the Site to anyone who is below the age of majority in your community. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You agree to immediately notify Ticolugar.com if you suspect unauthorized use of your user name and password or any other breach of security. You are liable and responsible for any unauthorized use of the Site until you notify Ticolugar.com by email regarding that unauthorized use. You may obtain access to your billing records regarding charges of your use of the Site upon request.
Ticolugar.com posts the current membership fees for the Site as part of the registration process, and you agree to pay all membership fees when due, and by the payment method you select at registration. Ticolugar.com reserves the right to change the Site's membership fees at any time. Ticolugar.com reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing.
Please notify us immediately If you believe you have been erroneously billed. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
Ticolugar.com may, in its sole discretion, grant refunds or credits in the form of free monthly memberships to resolve customer service issues. The billing system used by Ticolugar.com or our authorized agents provides extensive credit card fraud protection measures and our Site includes many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances, such as persistent technical problems originating with our equipment.
Indemnity and Hold Harmless
Further, by your use of this Site, you agree to fully indemnify, defend, and hold harmless Ticolugar.com, its officers, directors, employees, shareholders and server maintainers, against ANY AND ALL CLAIMS, including legal fees, arising out of your use of the Site, regardless of the cause, effects, or fault. Under no circumstances will Ticolugar.com, its officers, directors, employees, shareholders, or server maintainers be liable for any damages from your reliance upon anything derived from this site even if Ticolugar.com, its officers, directors, employees, shareholders, or server maintainers, have been advised that such defect or unsuitability exists. Ticolugar.com., its officers, directors, employees, shareholders, and server maintainers disclaim all liability to you for damages, costs and expenses, including legal fees, and you agree you waive any and all remedies for negligence or under strict liability, or for breach of warranty or contract, including but not limited to indirect, consequential, punitive or incidental damages, even if you give notice of the possibility of such damages. You agree that Ticolugar.com' liability in any case shall not exceed the sum of $500.00 USD in damages arising out of this Agreement.
By accessing Ticolugar.com. you agree that you will not use Ticolugar.com as a means to purchase or solicit illegal activities. You further agree to comply with any and all local, county, district, state, and federal laws in the event you subsequently have any interaction with anyone or any entity you become acquanted with as a consequence of your participation on this Site.
You understand that once you click on "I Agree" at the bottom of this form or on any page on Ticolugar.com or any other sites or domains under our control, your agreement has been confirmed and Ticolugar.com has fulfilled its obligation to you. Members accept full responsibility for any correspondence, communication or contact with our advertisers or partners and understand that Ticolugar.com has no affiliation whatsoever with any of the individuals, business enterprises or Clients who are members, advertisers or content providers on Ticolugar.com. Ticolugar.com is strictly an independent review service and posting site for adults over the age of 18 (21 in some localities). We do not guaranty, warrant or represent the quality, efficacy or safety of any product or service provided by any individuals, business enterprise, and/or Clients who are members, advertisors or content providers on Ticolugar.com.
We retain all end-users' email addresses indefinitely, and retain all general information and billing information until a user's membership is terminated.
Newsletters, Correspondence, and Opt-out Policy
We may send our users e-mails or other notices regarding new services, promotions, or other information that may be of general interest. Users who no longer wish to receive materials from us may opt-out of receiving these communications by unsubscribing in their account. We will comply will all requests for removal. Unsolicited email (Spam) is not allowed.
Section 2257 Exemption Statement
All persons depicted on this Website were 18 or older when the images were created.
Exemption Statement - Content Produced by Operators: With regard to all visual depictions appearing on this website, for which the operators of this website are "producers," such depictions are exempt from the provisions of 18 U.S.C. §2257 and 28 C.F.R. 75 because:
a. they do not portray actual sexually explicit conduct as specifically defined in 18 U.S.C §2256 (2) (A)(i)-(iv);
b. they do not portray depictions of the genitals or pubic area created after July 27, 2006;
c. they do not portray simulated sexually explicit activity created after the effective date of Title 18 U.S.C. §2257A; or,
d. they were created prior to July 3, 1995.
Exemption Statement - Content Produced by Third Parties: The operators of this website are not the "producers" of any depictions of any actual or simulated sexually explicit conduct. To the extent that any such content appears on this site, the operators' involvement with respect thereto is limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted by third party users, on areas of the website under the users' control. Pursuant to Title 18 U.S.C. §2257(h)(2)(B)(v) and 47 U.S.C. §230(c), the operators of this website reserve the right to delete content posted by users which operators deem to be indecent, obscene, defamatory or inconsistent with their policies and terms of service.
Questions or comments regarding this Exemption Statement should be addressed to our staff.
Links To Third Party Sites
This Site contains links to Sites which are controlled by third parties. Those linked sites are not under the control of Ticolugar.com, and Ticolugar.com is not responsible for the contents of any linked Site or any link contained in a link Site. Ticolugar.com is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ticolugar.com of any linked Site.
By posting any Content including text, communications, software, images, sound, data, reviews, messages or other information, in or otherwise using any communications service, message/bulletin board, discussion forums, newsgroups, chat areas, review boards, or any other interactive service that may be available to you on Ticolugar.com, (collectively the "Website Boards"), you agree that you will not upload, post, or other wise distribute or facilitate distribution of any Content that:
a. is unlawful, profane, abusive, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or tortuous;
b. defame, victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the "Rights" or have the permission of the owner to post or transmit such Content;
d. contain software viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
e. solicit, advertise or offer to sell any goods or services for any commercial purpose. Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses you know or reasonably should know, cannot be legally distributed in such a manner;
f. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content contained in a file that is posted;
g. restrict or inhibit any other user from using and enjoying the Website. Post multiple reviews or comments for the same individual.
Ticolugar.com reserves the right to monitor some, all, or no areas of the Website for adherence to these Rules or other rules that may be published from time to time. You acknowledge that Ticolugar.com is acting as a passive conduit for such distribution and that Ticolugar.com is not undertaking any obligation or liability relating to any content or activities on the Ticolugar.com Site. As such, Ticolugar.com acts merely as a forum for the expression of ideas, thoughts, and information.
Ticolugar.com does not endorse the Content placed on Website Boards. Ticolugar.com is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory Content that is contained herein. Ticolugar.com is also not responsible for any Content that violates a community's norms or mores. Ticolugar.com expects and demands that you comply with all federal, state, and local laws when using the Site and when submitting or posting Content to the Site and that you refrain from violating those laws. If you are unsure whether or not Content will violate a law, you are urged to contact the Electronic Freedom Foundation or an attorney prior to posting the Content. Ticolugar.com cannot enforce the laws of each locality, state, and even federal laws for all Content that is posted to this Site and therefore cannot accept the responsibility
for the Content you or other users post.
You acknowledge that any and all Content submitted may be displayed by the Website.
The Website administrators reserve the right (but not the obligation) in their sole discretion to refuse, delete, move or edit any and all Content that it deems are in violation of the law (including trademark and copyright law), or this User Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any content be it Content created by Website or Content publicly posted or privately transmitted to Website. You are responsible for all Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Service.
Cancellation Policy: Canceling your membership subscription means no further monthly membership fees will be applied to your credit card. You will have unlimited access until your
current subscription expires.
Ticolugar.com is dedicated to customer satisfaction. Whenever possible we want to solve any problem you have with any of our products or services. Please email us for assistance and afford us an opportunity to help!
If you have any questions, please feel free to contact us.
Your IP Address
Like most e-commerce Websites, each time you visit the Site,
we automatically collect your IP address and the web page
from which you came. In order to administer and optimize the
Site for you and to diagnose problems with our Site, we use
your IP address to help identify you and to gather broad demographic
information about you.
Information We Collect From You
In order to operate the Site and to provide you with information about products or services that may be of interest to you, we may collect "personal information" (i.e. information that could be used to contact you directly (without using the Site) such as full name, postal address, phone number or email address), "financial information" (i.e. credit card numbers or passwords) or "demographic information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information; this may include, but is not limited to, zip code, postal code, hometown, gender, username, age/birth date, purchase history information, browsing history information, searching history information, registration history information, and the content of communications between you and other members over the Site), subject to the rest of this paragraph. Demographic information is divided into two categories: 1) "non-public information", which consists of purchase history information and one-on-one communications between you and other users of the Site; and 2) "public information", which consists of all other demographic information. We ask that you do not enter personal information or financial information into your "Profile" (for example, don't use your address or passcode as your username, or include your name or address in your written responses), because if you do then it may be posted publicly on the Site, and the information will then be treated as "demographic information" that is "public information."
Information Other Websites Collect From You
How We Use Personal Information
We use your email address and your other personal information to help us efficiently operate the Site, to contact you in connection with your transactions and other activities on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with Ticolugar.com), and to forward messages to you from other Ticolugar.com users. These types of communications, are known as "Operational Communications." In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
We also use personal information to send you newsletters, information, offers and other promotional materials for Ticolugar.com's or third parties' goods or services. We attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information. The Site provides you with options to decline to receive communications from Ticolugar.com (other than those contained in Operational Communications). Some of these options may only be for a certain category of communications; others may be more general. By posting a profile on the Site, you are opting in to receive the Ticolugar.com by Mail email. To stop receiving Ticolugar.com by Mail and stop all automatic notifications login to your Ticolugar.com Account go "My Login ", check the checkbox "Do not send any emails " and click "Update". To completely remove your account - follow these instructions
To operate the Site, including processing your transactions and supporting your activities on the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, email origination, receipt or support services, customer relationship management services, order fulfillment and sweepstakes and promotional fulfillment. We require these entities not to use your information for any other purpose.
Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your personal information.
How We Use Financial Information
We use your financial information to check your qualifications, to bill you for products and services and to enable you to participate in discount, rebate and similar programs in which you may elect to participate. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information, on the Site, you consent to our providing your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity. By purchasing, or registering or making reservations for, products or services of third parties offered on the Site, or by participating in programs offered on the Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties.
How We Use Public Information and Other Demographic Information
We may review all demographic information. We may use public
information to enable other users to find your profile, to
determine whether they are a match for you and to communicate
with you. We may use demographic information to tailor the
Site and communications to your interests.
Our Security Precautions
The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. We encrypt all of your personal and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
How You Can Access and Update Your Email Preferences, Personal Information and Public Information
If you have any questions or concerns about this privacy
policy, the practices of the Site, or your dealings with the
Site, you can contact us at Contact Us page.