Ginko's Home for Wayward Asian Girls

Terms of Service

Terms of Service for Gink's Home for Wayward Asian Girls (ginkoshome.com)

Thank you for visiting Ginko's Home for Wayward Asian Girls (hereinafter "GHFWAG"). Please read these Terms of Service (hereinafter "TOS" or "Terms") carefully before accessing or using this website ("Site"). By accessing or using the Site, you agree to be bound, without limitation or qualification, by the Terms. If you do not accept any of the Terms stated here, do not use the Site. GHFWAG may, in its sole discretion, modify or revise these Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. In addition, your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

Acceptable Site Use

GHFWAG may be used only for lawful purposes by adults. This site provides information and discussions of topics of an adult nature. If you are under the legal age for viewing adult oriented sexually explicit materials in your area please exit the Site now.

In addition, GHFWAG specifically prohibits any use of the Site, and you agree not to use the Site, for any specific prohibited use or to violate the Site security as described below. You agree not to use the Site to:

1. Operate any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;

2. Commence any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure;

3. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

4. Access the Site by any means other than through the interface that is provided by GHFWAG for use in accessing the Site;

5. Intentionally or unintentionally violate any applicable local, state, national or international law;

6. If you have a password allowing access to a non-public area of the Site, disclose or share your password with, any third parties or use your password for any unauthorized purpose;

7. Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the navigation engine and search agents available from GHFWAG on the Site and other than generally available third party web browsers (e.g., Microsoft Explorer, AOL, WebTV, Netscape Navigator);

8. Engage in the practices of "screen scraping" or "database scraping" to obtain lists of Internet Keywords, URLs, users, customers, affiliates, or other information;

9. Attempt to decipher, decompile, disassemble or reverse the engineering of any of the software comprising or in any way making up a part of the Site;

10. Frame Site content in another web page;

11. Collect or store personal data about other users of the Site;

12. Except as expressly provided elsewhere on the Site, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Access and Use of Materials

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of GHFWAG or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting GHFWAG via email.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Content Posted on the Site

You are welcome to transmit, submit messages and other materials (which include uploading files, inputting data or any other materials, “blogging,” or engaging in any form of communication in connection with this Site) (collectively "Content") to the public areas within, or in connection with, this Site. You are solely responsible for such Content. GHFWAG accepts no responsibility whatsoever in connection with or arising from such Content.

GHFWAG does not endorse and has no control over the Content submitted by others to the public areas of the site. Content submitted to the public areas are reviewed by GHFWAG prior to posting but does not necessarily reflect the opinions or policies of GHFWAG. GHFWAG makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, GHFWAG reserves the right to prevent you from submitting Content to public areas and to edit, restrict or remove such Content for any reason at any time.

You agree that GHFWAG accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts or removes your Content. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

You agree to release GHFWAG, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from material submitted to the public areas. If at any time you are not happy with the website or editing of your submitted material or object to any material within the website, your sole remedy is to cease using the site.  In this event, requests to remove content previously provided for the site will not be honored.

Proprietary Rights in Content Posted on the Site

You agree that any Content whatsoever submitted by you to the public areas of the Site becomes the property of GHFWAG and may be used, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted as GHFWAG sees fit. You represent and warrant that: (i) you own the Content posted by you on the Site, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you provide for the site.

Prohibited Content and/or Activity

You must use the Site in a manner consistent with any and all applicable laws and regulations.

Web Site Security

You agree not to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing", "denial of service" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, to any email address listed on the Site, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You agree and acknowledge that violations of the Site's security may result in civil or criminal liability, and that GHFWAG may investigate any possible violation of the Sites' security and may involve law enforcement authorities in prosecuting users who are involved in such violations.

Links to Third Party Sites

The Site provides links to other Internet sites or resources. Because GHFWAG has no control over such sites and resources, you acknowledge and agree that GHFWAG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GHFWAG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GHFWAG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site, including claims for violation of privacy.

Indemnity

You agree to indemnify and hold GHFWAG, affiliates, officers, agents or other partners, and employees, harmless from any liability, claim, damages, expenses or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Site, your failure to use the site, or your breach or alleged breach of these Terms, or your violation of any rights of another including but not limited to copyright, trademark or proprietary rights of third parties.

Termination

GHFWAG reserves the right to immediately terminate your use of, or access to, this Site at any time if GHFWAG decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that GHFWAG considers to be inappropriate or unacceptable.

Disclaimer of Warranties

 a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GHFWAG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.GHFWAG MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN ANY SOFTWARE USED ON THE SITE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS ROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GHFWAG OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GHFWAG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GHFWAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR ANY OTHER MATTER RELATING TO THE SITE.

Modifications to Site

GHFWAG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that GHFWAG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Privacy

Your use of the Site signifies your assent to the GHFWAG Privacy Policy which is incorporated into this Agreement by reference.

Digital Millennium Copyright Act

It is policy of GHFWAG to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained in this Site infringes your copyright, you should notify GHFWAG of your copyright infringement claim at ginko23@yahoo.com.

Other

The Terms constitute the entire agreement between you and GHFWAG and govern your use of the Site, superseding any prior agreements between you and GHFWAG, which will continue in full force in effect by its own terms. The Terms and the relationship between you and GHFWAG shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and GHFWAG agree to submit to the personal and exclusive jurisdiction of the state courts located within the county of Bradford, Pennsylvania or federal courts in Pennsylvania and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

The failure of GHFWAG to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Violation of these Terms

Please report any violations of these Terms or other misuse of this Site to the GHFWAG Webmaster. Any violations of these terms will be investigated and reported to the appropriate authorities. We reserve the right to contact your ISP's abuse department and to provide them with any information we have in order to prevent additional violations.

Contacting the Web Site

If you have any questions or comments about the Terms of Services please contact: ginko23@yahoo.com