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Terms and Conditions of Use
Terms & Conditions:
Terms and Conditions of Use Effective Date: April 13, 2011 Welcome to TwinsPages website, where twinning is celebrated and shared with family and friends! We know how it feels when, as prospective parents, you find out “there are two of them.” Twins run through our families. We realized, after raising our set of twins, that it truly does take a community to raise twins. The experience of twins reaches beyond the twins themselves to the community of family and friends that surround and support them. At TwinsPages, we provide a platform that will enable you, your family and friends to stay in touch from prenatal throughout the twins' lives and beyond. When you set up a personal TwinsPages website, you will be able blog about your experiences with the twins, upload and share photos, and share updates on the twins. If you are a twin, then you'll enjoy sharing your twin experience with the people you care about. As with any website providing a social networking platform, as well as tools and information, there are rules about what you can and can’t do and what we will and won't do. These are captured below in our Terms and Conditions. Please read them carefully because we want to be sure you understand and accept them before you use or register for this site. The following terms constitute an agreement between you and TwinsPages, Inc. ("we" or "us"), the operator of the TwinsPages website (the “Site”). This agreement ("Terms and Conditions") governs your use of the Site, both as a casual visitor and as a Member (as defined below). BY USING THE SERVICE, BY REGISTERING WITH US, AND/OR CREATING OR VIEWING A TWINSPAGES WEBSITE, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS AND CONDITIONS. 1. About the Site TwinsPages is an opt-in, invite only community for family and friends of twins built around each individual twin set. Anyone in the extended family or friends can create a TwinsPages site for a set of twins but must have the expressed consent of the twins' guardians/parents or in the case of adult twins over the age of 18 have the consent of the twin members. 2. Registration In order to make any post or to visit any TwinsPages website, you must register. You can register by visiting the TwinsPages homepage and clicking on the “Click Here to Get started http://twinspages.com/user/register” button. Once registered, you can manage a TwinsPages website or simply visit TwinsPages websites as a member of the community. As the Twins Admin, you will be responsible for the creation and maintenance of the TwinsPages website you set up and you will have the ability to control who may be a visitor to your TwinsPages website. As a Member, you may access only those TwinsPages websites to which you have access. Admins and Members are collectively referred to in these terms and conditions as “Members.” Before you make a post in any public part of the Site, you will be required to create a display name. You may not use a display name that is vulgar, attempts to impersonate another person, or violates the rights of others. 3. Your Personal Information We value our member’s privacy and no specific information will be shared without prior consent from the adult twins or the twins' parents/guardians. However, in order to use the TwinsPages website you must consent to the transfer of the personal information to and within North America or other countries for processing and storage by us as part of our TwinsPages service. 4. Your Responsibilities During registration you will provide an e-mail address and create a password. These are your credentials for accessing services that are only available to members ("Credentials"). You agree that we, and vendors acting on our behalf, may use your Credentials to authenticate you on the Site. You are responsible for all uses of the Site using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. If you discover that someone is using your password or account without your consent, or you discover any other breach of security, you agree to notify us immediately at privacy@TwinsPages.com. You may use the Site and services for lawful, non-commercial purposes only. We mechanically screen for objectionable information transmitted or shared by members on individual TwinsPages websites to monitor the screened content and, if considered objectionable in our sole discretion, to remove the information and/or remove the TwinsPages website from our system at any time without notice. When creating or maintaining a TwinsPages website or posting to the Site, you must comply with the paragraph 16 here in entitled “Codes of Conduct.” You must always comply with these Terms and Conditions including paragraph 15 here in entitled Restrictions on Use. 5. Creating and Maintaining TwinsPages Websites TwinsPages websites can be managed by a family friend, relative or loved one of the twins. If you are creating a TwinsPages website for someone else, you must have the express permission from that person and/or his/her legal guardian before creating a TwinsPages website on his/her behalf. Upon request, you will provide TwinsPages with proof of that permission. When creating or updating the TwinsPages website, you must follow the must comply with paragraph 16 here in entitled “Codes of Conduct.” Posts should not contain defamatory or libelous remarks. TwinsPages is a PG community of families and friends of the twins so DO NOT USE LANGUAGE, PHOTOS OR OTHER MATERIAL THAT WOULD BE VIEWED AS NOT RESPECTING THE COMMUNITY MEMBERS. 6. Postings and Feedback The Site allows Members to make postings (e.g., messages, blogs, stories, updates and images) to the specific twins community you belong to and on TwinsPages websites to which the Member has access (“Postings”). Admin contributions to a TwinsPages website are considered Postings. Postings made on a TwinsPages website may be restricted to certain Members or may be viewed by any registered user of the Site. Please be thoughtful with your Postings, and avoid offending others or infringing their rights. You may not post Postings that violate these Terms and Conditions or the Codes of Conduct as detailed in paragraph 16 here in entitled "Codes of Conduct." We reserve the right to block your ability to post and/or to access the Site and services if you do. You (or the author) continue to own the copyright in your Postings but, by submitting Postings to TwinsPages website, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium now known or later developed and any manner we choose, and to use your display name or, in the case of public TwinsPages website, your first name to attribute your postings to you if we so choose. While some discussion forums and blogs are monitored for topicality, we have no obligation to pre-screen Postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove Postings for any reason. We are not, however, responsible for any failure or delay in removing Postings. Keep in mind that the Postings of others are simply their opinions and you should not rely on them. In addition to Postings, you may submit feedback to us. We welcome your feedback regarding our site and services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the site or services, and that we will own all intellectual property that we create based upon or incorporating your feedback. 7. Your Use of Content and Proprietary Rights The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TwinsPages. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of TwinsPages, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although TwinsPages does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TwinsPages an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant TwinsPages all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. 8. Links to Other Sites The Site may include links to other websites, including links that may be provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites. Information and links for the purposes of making donations to funds that are established to provide support for members or us are permissible. Members are advised to donate at their own risk. TwinsPages is not responsible for donation requests or payment links posted by Members and expressly disclaims any liability related to donation related links on any TwinsPages. 9. Linking To the Site You generally do not need to obtain permission from us to put a text link on your site that links back to the TwinsPages website. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, use the following guidelines for adding one or more links to the Site from your website: The link must be a text-only link that clearly includes the phrase “TwinsPages" The link must "point" to a page on www.TwinsPages.com. If the link points to any page on the Site other than the home page, the text link must also include the title of the target landing page. For example, if the link points to the “Connect” area of the Site, the link should include the words “Connect – TwinsPages.” The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the TwinsPages. The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by TwinsPages. The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious. 10. Advertising We accept advertising that complies with our Advertising Policy. Please keep in mind that any dealings that you have with advertisers found on the Site are between you and the advertiser and you acknowledge and agree that neither we nor our suppliers are liable for any loss or claim you may have against an advertiser. 11. Changes to the Site and Services We may from time to time modify the Site, add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and, unless otherwise indicated, the use of new Services will be governed by these Terms and Conditions. 12. Additional Terms Certain Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms and Conditions. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules. 13. Changes to These Terms and Conditions We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms and Conditions at: www.twinspages.com/termsandconditions. 14. Sweepstakes and Contests From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the contest, sweepstakes, or game, and which will be presented to you at the time you choose to participate in a contest, sweepstakes, or game. 15. Restrictions on Use To help ensure that everyone’s experience at TwinsPages is a positive one, we have certain rules of conduct which we expect you to follow. You agree you will: • not Post any material that might infringe the intellectual property, privacy, publicity or other proprietary rights of anyone else; • not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM; see paragraph 18 here in entitled No Spam Policy. • not interfere with or disrupt the Site’s services or systems; • not transmit or post any materials that contain viruses, Trojan horses or other harmful programs; • not attempt to gain unauthorized access to the Site, profile information or any TwinsPages website; • not provide false information on your registration form, impersonate any person or otherwise mislead anyone on the Site; • not use any robot, spider, scraper or other automated means to access the Site in a manner that sends more request messages to our servers in a given period of time than a person can reasonably produce in the same period. If you are public search engine, however, you may use spiders to copy materials on the Public areas of the Site solely as necessary to create publicly available searchable indices of the Public materials. Public Search Engines may not create caches or archives of such materials. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions. 16. Codes of Conduct You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another person's privacy, or is harmful to minors in any way; b) that is pornographic; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that impersonates any person or entity, including, but not limited to, a TwinsPages employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); e) that includes personal or identifying information about another person without that person's explicit consent; f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the TwinsPages sites which are not designated for such purposes; or emailed to TwinsPages users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests. j) that includes links to commercial services or web sites, except as allowed in "services"; k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: o) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; p) "stalk" or otherwise harass anyone; q) collect personal data about other users for commercial or unlawful purposes; r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by TwinsPages; s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; t) attempt to gain unauthorized access to TwinsPages's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the TwinsPages website; or u) use any form of automated device or computer program that enables the submission of postings on TwinsPages without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. v) use any form of automated device or computer program ("flagging tool") that enables the use of TwinsPages' "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms and Conditions; 17. No Spam Policy You understand and agree that sending unsolicited email advertisements to TwinsPages' e-mail addresses or through TwinsPages' computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of TwinsPage' computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties. 18. International Use The Site and Services, including the information provided on the Site, are designed for and intended for users in the United Sates. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws. 19. We Make No Warranties YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE SITE AND THE SERVICES “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, TWINSPAGES, INC., AND THEIR AFFILIATED COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS AND AGENTS (FOR THE PURPOSES OF THIS PARAGRAPH, THE NEXT TWO PARAGRAPHS, AND THE PARAGRAPH ON DISPUTE RESOLUTION, COLLECTIVELY, “WE”, “US” OR “OUR”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND COURSE OF DEALING. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION IN THE SERVICES OR THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL PROGRAMS TRANSMITTED THROUGH THE SITE; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE SITE . You may have additional consumer rights under your local laws that this contract cannot change. You use the Site and the Services at your own risk. 20. We Do Not Provide Medical Advice THIS SITE AND THE SERVICES OFFER INFORMATION ABOUT HEALTH AND EMOTIONAL SUPPORT AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk. 21. Limitation of Liability We will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential or incidental damages (including without limitation lost profits or lost opportunity) arising out of or in connection with the use of this Site, or a linked site, including any delay or inability to use the Site or linked site, even if We were made aware of the possibility of such damages. In no event WILL we be liable for the procurement of substitute services. THE CUMULATIVE AMOUNT OF OUR LIABILITY TO YOU, no matter the nature of your legal or equitable claim, WILL NOT EXCEED $100. These limitations on liability include, but are not limited to, the transmission of any viruses which may infect your equipment, failure of equipment or communication lines, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Although we will use commercially reasonable efforts to address any problems or concerns regarding the Site or the Services, if you continue to be dissatisfied with this Site or services or with any of these Terms and Conditions, your only remedy is to discontinue using TwinsPages and terminate your registration. 22. Termination We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms and Conditions or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration or your TwinsPages Website, for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. We may terminate the Site, the Services, or any Service, at any time, without notice. Your right to use the Services will end once your registration is canceled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration by contacting TwinsPages customer support at help@TwinsPages or by calling (209) 586-5887 between the hours of 8 a.m. – 6 p.m. Pacific Time, Monday through Friday. 23. Indemnification Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Site and the Services or any breach by you of these Terms and Conditions. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 24. Electronic Contracting and Notices Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms and Conditions and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the email address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms and Conditions” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. 25. Entire Agreement This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 26. Dispute Resolution In order to expedite and control the cost of disputes you and We agree that any controversy or claim arising out of or relating to these Terms and Conditions, the Site or the Services will be resolved exclusively by binding arbitration in accordance with the Uniform Arbitration Act. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You may not act as a representative member of a class or in a private attorney general capacity. The Terms and Conditions will be construed in conformance with the laws of the State of California (excluding any conflict of law provisions) and judgment on the arbitration award may be entered into any court having jurisdiction. In the event that you prevail in any arbitration, we will pay the administrative costs of arbitration (i.e., the costs of the arbitrator, but not your attorneys’ fees). You waive the defense of forum non conveniens and any rights you may have under the laws of jurisdictions except the State of California. Arbitration will not be required for any matter related to our intellectual property or any claim for injunctive relief. 27. Assignment We may assign this contract at any time to our parent, any subsidiary or affiliated company or as part of the sale to, merger with, or other transfer of our company to another entity or to an entity that purchases all or substantially all of our assets. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to anyone else. 28. Procedures for Making Claims of Copyright Infringement We respect the intellectual property of others, and we ask our suppliers and those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information: 1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf. 2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity. 3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published. 4. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material. 5. Your name, address, telephone number, and email address so that we may contact you. 6. 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. 7. 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 are authorized to act on the copyright owner's behalf. Our agent for notice of claims of copyright infringement on this Site can be reached as follows: By mail: TwinsPages.com c/o Copyright Agents 1501 The Alameda, San Jose, CA 95126 By phone: 408.350.4041 This contact information is only for reporting copyright infringement. Please see the Contact Us section for contact information for other topics. 29. Trademarks All trademarks appearing on the Services are the property of their respective owners, including, without limitation, TwinsPages Inc. and our parent company, Twins Media Group, a wholly owned subsidiary of Sierra Communications Public Relations Inc. No right, license or interest to such trademarks is granted by this Agreement.
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