The Flirty Guide • Web Badges and Banners

Submission Agreement

By sending your photos or ideas you are agreeing to the terms and conditions of the Agreement below. You will remain the owner of your submitted content but you are granting The Flirty Guide.com (TFG.com) permission to publish it on TFG.com.

We recommend you read the TERMS and CONDITIONS below, carefully and completely as they describe your rights and responsibilities regarding any content you submit to TFG.com.

your full name: Our Privacy Policy

How you would like your name published:
(i.e. first only, initials, anonymous...)

Your Email Address

A description of your photo, idea or story

url to photo on hosted account:

Or email images to: stacie@theflirtyguide.com

Name of the photographer of any image(s) you are sending:

Website / email / phone number of the photographer of image(s):
(as many as possible)

The Flirty Guide Submission(s) Terms and Conditions

THIS IS A LEGAL NOTICE

Terms and Conditions FOR SUBMITTING CONTENT TO The Flirty Guide.com

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, do not submit Content to TFG.com.

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.

1.3 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. TFG.com shall have no obligation with respect to such material.

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.

4. COPYRIGHT

4.1 If you believe your work has been copied and is accessible on the Website, or that it contains links or references to another online location that contains Works that infringes your copyright, please contact us in writing at once and we will review your inquiry. We will quickly work to resolve your inquiry and will promptly remove or disable the content that has been infringed upon.

4.2 It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed onTFG.com, please read the following information for filing or responding to a notice of infringement.

4.3 To file a notice of copyright notice with us, please send a written communication by the United States Postal Service mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you, at your own expense, first contact an attorney.

To expedite our ability to process your request, please use the following process:

(a) Identify the location of TFG.com the material that you believe have been infringed. For example, the title or url of the page in question.

(b) Identify the specific, words or photos that you are claiming infringement of.

(d) If you know the contact information of the person you believe is infringing upon you please provide it to TFG.com so we are able to notify them.

(e) Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."

(f) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

(g) Sign the notification.

(h) Send the written notification to: The Flirty Guide, PO Box 654, Campbell, CA 95009

5. INDEMNIFICATION

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. LIABILITY

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.

8. PRIVACY POLICY

The information that you provide about yourself to TFG will only be used by TFG in accordance with its Privacy Policy. The Privacy Policy does not apply to third party sites.

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.