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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.
-------- www.TwoHeadedPuppy.com and Two Headed
Puppy Entertainment ---------------------
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