PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
WWW.TWOHEADEDPUPPY.COM AND Two Headed Puppy Entertainment MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment, its
affiliates or other third party licensors. YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of material
from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright
or proprietary notices from the materials. You agree to grant
to www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums
and newsgroups) or by e-mail to www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment by all means and in any media now known or hereafter
developed. You also grant to www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree
that you shall have no recourse against www.TwoHeadedPuppy.com
and Two Headed Puppy Entertainment for any alleged or actual infringement or
misappropriation of any proprietary right in your communications
to www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment.
2.
Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by www.TwoHeadedPuppy.com
and Two Headed Puppy Entertainment, www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment
does not operate, control or endorse any information, products
or services on the Internet in any way. Except for www.TwoHeadedPuppy.com
and Two Headed Puppy Entertainment- identified information, products or services,
all information, products and services offered through the Site
or on the Internet generally are offered by third parties that
are not affiliated with www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment.
You also understand that www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment
cannot and does not guarantee or warrant that files available
for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost
data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment PROVIDES
THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOU ACCESS SUCH MATERIALS AT YOUR RISK. www.TwoHeadedPuppy.com
and Two Headed Puppy Entertainment HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN
NO EVENT WILL www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment BE LIABLE
FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, www.TwoHeadedPuppy.com
and Two Headed Puppy Entertainment'S LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
www.TwoHeadedPuppy.com
and Two Headed Puppy Entertainment makes no representations whatsoever about
any other web site which you may access through this one or which
may link to this Site. When you access a non-www.TwoHeadedPuppy.com
and Two Headed Puppy Entertainment Web site, please understand that it is independent
from www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment, and that www.TwoHeadedPuppy.com
and Two Headed Puppy Entertainment has no control over the content on that Web
site. In addition, a link to a www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment Web site does not mean that www.TwoHeadedPuppy.com
and Two Headed Puppy Entertainment endorses or accepts any responsibility for
the content, or the use, of such Web site.
3.
Indemnification.
You agree to indemnify, defend and hold harmless www.TwoHeadedPuppy.com
and Two Headed Puppy Entertainment, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4.
Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment
and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each
of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
5.Term;
Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of the State of California applicable to agreements
made and to be performed in California. You agree that any legal
action or proceeding between www.TwoHeadedPuppy.com and Two Headed
Puppy Entertainment and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction sitting
in California. Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of
action is barred. www.TwoHeadedPuppy.com and Two Headed Puppy
Entertainment's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. www.TwoHeadedPuppy.com and Two Headed
Puppy Entertainment may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any
rights not expressly granted herein are reserved.
Some
of the information on this Web site may contain projections or
other forward-looking statements regarding future events or the
future financial performance of www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment Corporation. We wish to caution you that these statements
are only predictions and that the actual events or results may
differ materially. The company files documents from time to time
with the Securities and Exchange Commission, specifically, our
most recent prospectus. These documents contain and identify important
factors that could cause the actual results to differ materially
from those contained in our projections or forward-looking statements.
They include, among others, potential fluctuations in quarterly
results, retention and dependence on personnel; dependence on
Internet advertising and a limited number of advertisers, rapid
technological and market change, competition, risks associated
with Internet infrastructure, volatility of stock price, limited
protection of intellectual property, and future growth subject
to risks.
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www.TwoHeadedPuppy.com and Two Headed Puppy Entertainment ---------------------