We apologize for all the legalese, but our lawyers made us do it!
(Note: Paid subscribers are also bound to this additional agreement by subscribing to GatorCountry.com)
ON-LINE SERVICES TERMS AND CONDITIONS OF USE
IMPORTANT-READ CAREFULLY: BY USING GATOR COUNTRY (GC) ON-LINE CHAT AND BULLETIN BOARD SERVICES (“ON-LINE SERVICES”), YOU AGREE TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY EXCLUSIVELY TO YOUR ACCESS TO, AND USE OF, GC’S ON-LINE SERVICES AND DO NOT ALTER IN ANY WAY THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH GC. IF YOU DO NOT AGREE, DO NOT USE GC’S ON-LINE SERVICES, OR, IF YOU ARE ALREADY USING GC’S ON-LINE SERVICES, CEASE USE IMMEDIATELY.
GC’s On-line Services are provided to allow GC members to interact with each other via live chat and electronic bulletin boards in a relaxed and friendly atmosphere. General questions, comments, or complaints about GC’s On-line Services may be directed to GC’s customer service. If you discover a posting which violates these terms, please see the procedure for reporting abuse.
2. Forums & Interactive Areas
GC’s On-line Services include discussion forums or other interactive areas, such as chat rooms or bulletin boards. Forums and interactive areas shall be used only for non-commercial purposes. By using any forum or interactive areas, you agree not to do any of the following:
1. Upload to, distribute or otherwise publish through this Web site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
5. Without GC’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
GC shall have the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas.
GC may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. GC reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. GC also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
In order to cooperate with governmental requests, to protect GC’s systems and customers, or to ensure the integrity and operation of GC’s business and systems, GC may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
You shall remain solely liable for the Content of any messages or other information you upload or transmit to GC, including the discussion forums or interactive areas of this Web site. You agree to indemnify and hold harmless GC from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
5. Hyperlinks and Other Materials
Use of GC’s On-line Services and any materials obtained therefrom is strictly at your own risk. GC takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, GC is not liable for any statements, representations, or Content provided by its users in any forum or interactive area.
GC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites or other materials accessible from or through GC’s On-line Services by hyperlink or other method. These linked sites are not under the control of GC and GC is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by GC of the site or any information contained therein.
Any software, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available through GC’s On-line Services is licensed to you by GC. GC shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to GC are non-confidential and shall become the sole property of GC. GC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to GC, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
GC’S ON-LINE SERVICES AND ANY MATERIALS PROVIDED THEREIN, INCLUDING ANY SOFTWARE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GC DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GC DOES NOT REPRESENT OR WARRANT THAT ITS ON-LINE SERVICES OR ANY MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. GC DOES NOT REPRESENT OR WARRANT THAT ITS ON-LINE SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GC reserves the right to change or modify any and all content, functionality, or operation of its On-line Services at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GC.
9. Limitation of Liability
IN NO EVENT SHALL GC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF GC’S ON-LINE SERVICES, THIS WEB SITE OR THE MATERIALS CONTAINED OR ACCESSED THEREFROM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF GC’S ON-LINE SERVICES EXCEED $5.00 OR THE COMPENSATION YOU PAID GC, WHICHEVER IS LESS.
10. Applicable Law
This agreement shall be governed by and construed in accordance with the laws of the state of Washington, applicable to agreements made and entirely to be performed within the state of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in Tampa located in Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
11. Modification & Amendments
GC reserves the right to amend at any time any policies governing its On-line Services, including this agreement, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately upon posting. If you do not accept the amended terms, you should cease using GC’s On-line Services. Your continued use of GC’s On-line Services will constitute acceptance of the modifications or amendments by you.
Notwithstanding any of these terms and conditions, GC reserves the right, without notice and in its sole discretion, to terminate your license to use GC’s On-line Services and its Web site, and to block or prevent future access to and use of such services.
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.