Terms and Conditions

PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY STATEMENT.

This site is owned by Happy Tappy Girl, LLC (“HTG”). These terms of service (the “TOS”) apply to your use of the Site and govern your rights and responsibilities in connection with such use. The term “Site” includes the content on the Site and all of HTG’s services provided on or through the Site (the “Site Services”). You “use” the Site anytime you access, view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof). Your use of the Site (or any part thereof) signifies that you are at least 18 years old and that you agree to be bound by these TOS, and the HTG Privacy Policy (the “Privacy Policy”), which is hereby incorporated by this reference into these TOS. These TOS are a binding legal agreement between you and HTG. Please read them carefully before you use the Site. Do not use the Site if you do not agree with any of the terms contained herein.

HTG reserves the right, at its sole discretion, to change, modify, and/or add to these TOS or the Privacy Policy, in whole or in part, at any time, without notice. Changes to the TOS and Privacy Policy statement will be effective when posted. You agree to review the TOS and Privacy Policy periodically to become aware of any changes. Your use of the Site or any part thereof after any changes to these TOS and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site.

OWNERSHIP; RESTRICTIONS ON USE

The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by HTG and are protected by applicable US and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site content and/or any portion thereof, except to the extent of your limited rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these TOS. Notwithstanding the foregoing, you hereby grant to HTG the rights as set forth in the section “USER SUBMISSIONS; GRANT OF LICENSE TO HTG; YOUR WARRANTIES AND REPRESENTATIONS” below. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site and expressly permitted hereunder, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site or any component part thereof. You agree not to share your HTG account with any third party. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of HTG and a violation of these TOS and may subject you to civil and/or criminal liability under applicable laws.

LICENSES GRANTED TO YOU

Subject to these TOS (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), HTG hereby grants you, if and only to the extent the necessary functionality is provided to you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a “License”): (1) the License to access, view and otherwise use the Site for your personal, lawful use only, as intended through the normal functionality of the Site; (2) the License to stream Site content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Site (any such widget or other digital streaming Internet video player referred to as a “Site Widget”); (3) the License to use any other functionality expressly provided by HTG on or through the Site for use by users, subject to these TOS; (4) if the Site includes a “Download” link next to a piece of Site content, the License to download a single copy of such content to a single computer or other permitted device for your personal, non-commercial use only; (5) the License to obtain a registered personal account (and related username and password) on the Site and interact with other Site users as part of Site-based chat rooms, message boards, social media networks, online multiplayer games and/or other similar activities; and (6) the License to use any other functionality expressly provided by HTG on or through the Site for use by users, subject to these TOS.

YOUR RESPONSIBILITIES

Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance, with each of the following: (1) you will not create or submit material that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Federal Trade Commission guidelines (“Applicable Laws”), or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (2) you will not embed, re-publish, maintain and/or display any Site content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location; (3) you will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone who uses the Site, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by HTG) purpose; (4) you will not provide false information about you or anyone else, and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity; (5) you will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so; (6) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof); (7) you will abide by all copyright notices, information, restrictions contained in or associated with any of the Site content; (8) you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content; (9) you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content; (10) you will not use any of the rights granted to you or any of the Site content in a manner that suggests an association with any of HTG’s services or brands, unless otherwise specifically permitted by HTG; (11) you will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to HTG’s full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials; (12) you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, spyware, 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; (13) you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Cathy Hamilton, HTG, or the Site, or any of the content running or being promoted on the Site; (14) you will not do anything on the Site that would prevent other users’ access to or use of the Site or any part thereof; and (15) you will use the Site and the Licenses at all times in compliance with these TOS and all Applicable Laws.

USER SUBMISSIONS; GRANT OF LICENSE TO HTG; YOUR WARRANTIES AND REPRESENTATIONS

The Site may enable you to post or otherwise submit to the Site, or otherwise display or exchange on or via the Site (collectively, “Submit”), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your “User Submissions”), and such User Submissions will generally be available to all users of the Site. By submitting your User Submissions on or via the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. Except as may otherwise be provided in any Special Rules, it is not HTG’s regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but HTG may do so in its sole discretion. When you Submit (or attempt to Submit) your User Submissions on or through the Site, you automatically grant to HTG an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license (the “HTG License”) to display, publicly perform, distribute, store, transcode, host, cache, maintain, broadcast, webcast, podcast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse, assign, and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in HTG’s sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The HTG License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or HTG terminates your access to the Site. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO HTG ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT HTG WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE HTG LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER

SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO HTG THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE HTG TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE HTG LICENSE. You acknowledge and agree that: (i) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (ii) HTG may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to HTG that you do not want to be viewed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to HTG the HTG License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and HTG will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable laws or these TOS; and (v) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to HTG upon HTG’s request.

HTG is not responsible for any loss, theft or damage of any kind to any User Submissions. You acknowledge that HTG does not, as a matter of its ordinary practice, pre-screen any User Submissions submitted by you or other users of the Site but that HTG has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these TOS or Applicable laws, or if otherwise desired or necessary, as determined by HTG in its sole discretion. HTG shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users’ User Submissions) that violate these TOS or are otherwise objectionable, as determined by HTG in its sole discretion, as well as terminate your and/or any Site user’s continued access to and/or other use of the Site. HTG does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of HTG. HTG disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against HTG with respect to such

User Submissions.

HTG reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site. You acknowledge and agree that you have no moral rights in connection therewith and no right or interest in any of the revenue generated from such advertisements.

These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.

COMMUNICATIONS

By using this Site, you consent to receive electronic communications from HTG. If you opt in for free information about HTG, purchase an HTG membership, or subscribe to HTG’s newsletter, you acknowledge and expressly agree (i) to receive regular emails and other electronic communications from HTG; and (ii) that all notices, disclosures, agreements, emails, and other electronic communications from HTG meet the legal requirements that such communications be in writing.

THIRD PARTY LINKS

HTG may link to and/or contain advertisements about non-HTG owned or controlled Web sites or other Internet resources. You acknowledge and understand that HTG does not endorse or sponsor such other third party Web sites or other Internet resources and HTG EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET RESOURCES.

NO MEDICAL ADVICE

While the information on the Site was prepared to provide accurate information regarding topics related to general and specific health and psychological issues, the information contained in the Site is made available with the express understanding that neither HTG, Cathy Hamilton, and/or any other contributor to the Site, nor the Site itself, nor members of the Site are dispensing medical advice and do not intend any of this information to be used for self diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, HTG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR

PURPOSE AND NON-INFRINGEMENT). HTG does not make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any Web sites, Personal Social Media or other Internet resources linked to the 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 or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of HTG’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Site and/or otherwise through your or any other Site users’ exercise of any rights under any of the Licenses granted by HTG herein. HTG reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Site.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL HTG OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, MEMBERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent HTG may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of HTG’s liability shall be the minimum permitted under such applicable law.

INDEMNIFICATION

You agree to indemnify and hold harmless HTG and its respective officers, employees, members, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions, (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these TOS, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOS, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these TOS by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person’s) use of the Site (in whole or in part). HTG reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HTG in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT

HTG respects the intellectual property rights of others. Upon proper notice, HTG will remove User Submissions (and any other Site content) that violate copyright law. Pursuant to Title 17 of the U.S. Code, Section 512, HTG has implemented procedures for receiving written notification of claimed copyright infringement on the Site and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send HTG’s copyright agent, at the address set forth below, a notification of claimed infringement (an “Infringement Notification”) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit HTG to locate the material on the Site; (iii) information reasonably sufficient to permit HTG to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature.

Thomas M. Horwitz, Esq.
Thomas M. Horwitz Co., LPA
1991 Crocker Road, Suite 600
Westlake, Ohio 44145

Phone: (440) 892-3331
Email: tmh@horwitzlpa.com

By submitting an Infringement Notification, you acknowledge and agree that HTG may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.

If you believe that your User Submission has been wrongfully removed from the Site, you may send HTG a counter notification. Pursuant to federal law you may be held liable for damages if you make material misrepresentations in a counter notification. In compliance with Title 17 of the U.S. Code, Section 512, your counter notification, to be effective, must be in writing, sent to HTG’s copyright agent’s address above, and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Site; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court for the Northern District of Ohio and agree to accept service of process from the person who submitted the original Infringement Notification that resulted in your User Submission being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that HTG may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.

ARBITRATION

These TOS shall be construed and enforced in accordance with the laws of the state of Ohio without regard to any choice of law or conflict of laws principles, regardless of where you live. Each party agrees that any and all disputes, actions, or proceedings arising in connection with, touching upon or relating to these TOS, the site, the breach of these TOS and/or the scope of the provisions of this arbitration clause that may arise out of these TOS shall be submitted for resolution to the American Arbitration Association (“AAA”). In agreeing to arbitrate such disputes, each Party agrees to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in the Summit County Court of Common Pleas or the Federal District Court for the Northern District of Ohio. You agree that the arbitration of any dispute related to these TOS shall be conducted in Summit County, Ohio.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF ANY MOTION PICTURE, PRODUCTION OR PROJECT RELATED TO HTG OR ANY OF ITS AFFILIATES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH SUCH MOTION PICTURE, PRODUCTION OR PROJECT.

Notwithstanding anything to the contrary herein, you hereby agree that HTG has the right to obtain an injunction from a court of competent jurisdiction restraining any breach or threatened breach of these TOS.

This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

WAIVER OF JURY TRIAL

To the maximum extent permitted by law, the parties hereby waive their right to jury trial with respect to all claims and issues arising under, in connection with, touching upon or relating to these TOS, the breach thereof and/or the scope of the provisions of this paragraph, whether sounding in contract or tort, and including any claim for fraudulent inducement thereof. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the site.

SEVERABILITY; WAIVER

If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. The failure of HTG to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.

TERMINATION

You understand and agree that HTG may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to the Site (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Site, for any reason. HTG may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT HTG MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT HTG SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITE. You may discontinue your access to, use or participation on the Site at any time.

INJUNCTIVE RELIEF

Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any HTG motion picture, production or project, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.

CHANGES IN SITE OWNERSHIP

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable HTG database, to the extent HTG assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of HTG’s assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the terms of use and privacy statement of the Site’s subsequent owner or operator.

APPLICABLE LAW

By using the Site, you acknowledge and agree that the laws of the State of Ohio and the United States govern the enforcement and interpretation of the TOS and to any dispute that may arise between you and HTG.