TERMS OF USE
I.Introduction
This dev.treasureislandmedia.com website and service ("Site") is provided by Treasure Island Media, Inc. and its authorized agents and affiliates ("TIM"). Please review the following rules that govern your use of the Site ("Terms of Use"). Your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. TIM reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, review these Terms of Use each time before you use the Site.
IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ANY OF THESE TERMS OF USE, DO NOT USE THIS SITE.
II.Adults Only
By accepting these Terms of Use through your use of the Site, you certify that you (and anyone accessing the Site with you) are 18 years of age or older. In certain jurisdictions, you must be 21 years of age or older to use this Site; if this applies to you, you certify that you (and anyone accessing the Site with you) are at least 21 years of age. You further certify that you are not violating any law of your locality, community or other relevant geography (city, town, state, province, or nation) by using or accessing the Site. If TIM suspects, at its sole discretion, that you are not 18 years of age (or 21 years of age, where applicable), it reserves the right to immediately terminate your access to the Site without prior notice to you.
III.WARNING: Objectionable Content
This site contains material that may be considered objectionable. TIM has no editorial control over the material that you observe on the Site and you may be exposed to images, video, or text which certain people may consider offensive, graphic, pornographic, and/or profane. By using the Site, you agree that you will use this Site of your own free will and for private, personal entertainment only. You agree that you will use all materials, including all images, video, text, designs, programs, and other materials that are part of this Site (collectively, "Content") solely for your personal, private, non-commercial use. You agree you will not share any Content with, or transmit any Content to, minors, those not authorized to use this Site, or to anyone who would find such Content offensive or inappropriate. You acknowledge that you may not have any control over who you interact with, or what you or any other user can see, hear, or otherwise experience, while using the Site. You use the Site at your own risk.
VI.Use of Content
You may access the Content or any other materials displayed on the Site for your personal use only. No right, title, or interest in any Content, materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site, or any related software or information. All software used on this Site is the property of TIM and protected by U.S. and international copyright laws. The Content and software on this Site may be used only as a private, personal, noncommercial, entertainment resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Site is strictly prohibited. Should you use the Site to in any way create Content, you hereby grant TIM a royalty free, nonexclusive license in perpetuity to reproduce, modify, distribute, transmit, republish, display, or perform such materials.
V.Indemnification
You agree to defend, indemnify and hold harmless TIM and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.
VI.Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TIM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, MODELS, CONTRACTORS, OR VENDORS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TIM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
VII.Privacy
Although TIM does not collect or store any personally identifiable information about you, the Site is not a private or secure website. You acknowledge that any personal information or images you provide to others through this Site is not secure and done so at your own risk. TIM is not responsible for any information you share in connection with the Site or the consequences to you of you sharing it, and TIM in no way warrants or represents that third parties, including other Site users, will be unable to determine your identity or other personal information about you through your use of the Site. You acknowledge that due to the very nature of the Site any Content which you intend to convey to another Site user may be received by another party, including another Site user to whom you did not intend to convey such Content.
VIII.Disclaimer
THIS SITE IS PROVIDED BY TIM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THOSE RELATED TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TIM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED IN ADVERTISING ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL ELEMENT OF THESE TERMS OF USE.
IX.General
These Terms of Use represent the complete agreement between you and TIM and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of TIM to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit TIM's rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of California located in the City of San Francisco and you consent to the exclusive personal jurisdiction of such courts.