1. Welcome to the Internet sites of Good Choice of USA Group ("GCG"). "GCG Sites"
(whether in the singular or the plural) include and other Internet
sites on which these terms of use are posted. GCG and any and all
entities that control, are controlled by, or are affiliated or under
common control with, GCG are collectively referred to herein as "we,"
"us" or "our".
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY GCG SITE. By using any GCG Site, you signify your agreement to these terms of
use. If you do not agree to these terms of use, you may exit use the
GCG Sites. We reserve the right, in our sole discretion, to change,
modify, add or delete portions of these terms of use at any time in
accordance with the procedures set forth.
2. CONSIDERATION
You
acknowledge that these terms of use are supported by reasonable and
valuable consideration, the receipt and adequacy of which are hereby
acknowledged. Without limiting the foregoing, you acknowledge that such
consideration includes, without limitation, your use of the GCG Sites
and receipt of data, materials and information available at or through
the GCG Sites, the possibility of our review, use or display of your
Submissions (as defined below in section 4 labeled "Submissions"), and
the possibility of publicity and promotion from our view.
3. RESTRICTIONS ON USE OF MATERIALS
All
information, content and materials contained on GCG Sites are our
copyrighted property or the copyrighted property of our licensors or
licensees. All trademarks, service marks, trade names, and trade dress
are proprietary to us and/or our licensors or licensees. No
information, content or material from any GCG Site or any Internet site
owned, operated, licensed, or controlled by us may be copied,
reproduced, republished, uploaded, posted, transmitted or distributed
in any way. The GCG Sites are only for your personal use. You may not
use the GCG Sites for commercial purposes or in any way that is
unlawful, or harms us or any other person or entity, as determined in
our sole discretion.
In the event that you download from any GCG
Site, the software, including any files, images incorporated in or
generated by the software, and data accompanying the software
(collectively, the "Software")
are licensed to you by us or third-party licensors for your personal,
noncommercial home use only. We do not transfer title to the Software
to you. You may own the medium on which the Software resides, but we or
our third-party licensors retain full and complete title to the
Software and all intellectual property rights therein. You may not
redistribute, sell, auction, decompile, reverse engineer, disassemble
or otherwise reduce the Software to a human-readable form. By
downloading or using the Software, you represent and warrant that you
are not located in, under the control of, or a national or resident of
any such country or on any such list or otherwise in violation of
export control laws or regulations.
4. SUBMISSIONS
We
are pleased to hear from our visitors and welcome your comments
regarding our products and services. Unfortunately, however, our
long-standing company policy does not allow us to accept or consider
unsolicited creative ideas, suggestions or materials. We hope you will
understand that it is the intent of this policy to avoid the
possibility of future misunderstandings when projects developed by us
or under the direction of us.
5. REGISTRATION INFORMATION AND SECURITY
You
agree to provide, maintain and update true, accurate, current and
complete information about yourself as prompted by our registration
processes (the "Registration Data"). If you provide
any information that does not satisfy this provision, or we have
reasonable grounds to suspect as much, we have the right to suspend or
terminate your account and refuse any and all current or future use of
any GCG Site (or any portion thereof).
You also agree (a) to promptly notify us at security_breach@help.go.com of any unauthorized use of your username, password, other account
information, or any other breach of security that you become aware of
involving or relating to any GCG Site. In addition, you agree to exit
from your account at the end of each session.
We explicitly
disclaim liability for any and all losses and damages arising from your
failure to comply with this section.
6. PUBLIC FORUMS AND COMMUNICATION
You
acknowledge that anything you submit to a GCG Site by way of any Public
Forum may be routed through our servers, the servers of one or more
third parties on our behalf and the Internet, and may be viewed on the
Internet by the general public and that, therefore, you have no
expectation of privacy with regard to any such submission. You
acknowledge that Public Forums and features offered therein are for
public and not private communications. Please keep in mind that
whenever you give out personal information online, through any media,
including without limitation, a Public Forum, that information can be
collected and used by people you don't know. We cannot guarantee the
security of any information you disclose through any of these media;
you make such disclosures at your own risk.
You are and shall
remain solely responsible for the User-Generated Content submitted
and/or posted under your username or otherwise by you in any Public
Forum and for the consequences of submitting and posting same. You
acknowledge that the use of User-Generated Content posted in any Public
Forum is at your own risk. For example, we are not responsible for, and
we do not endorse, the opinions, advice or recommendations posted or
sent by users in any Public Forum and we specifically disclaim any and
all liability in connection therewith.
We reserve the right to screen, refuse to post, remove or edit
User-Generated Content at any time and for any or no reason in our
absolute and sole discretion without prior notice, although we have no
duty to do so or to monitor any Public Forum. If we elect to screen
User-Generated Content, there may be a delay in the posting of such
content in a Public Forum to allow for a review process. If we have
questions about your User-Generated Content including, without
limitation, the copyright, we may contact you for further information
including, for example, verifying that you own the copyright or
otherwise obtained permission to post the material.
When participating in a Public Forum, never assume that people are who
they say they are, know what they say they know, or are affiliated with
whom they say they are affiliated with. Information obtained in a
Public Forum may not be reliable, and it is not a good idea to take any
action, including to trade or make any investment decisions, based
solely or largely on information you cannot confirm. We cannot be
responsible for the accuracy of any User-Generated Content contained in
a Public Forum, and we shall not be responsible for any trading,
investment, or any other decisions made or actions taken or not taken
based on such information or content.
Your ability to access and browse User-Generated Content within a
Public Forum and/or to submit and/or post User-Generated Content within
a Public Forum may be subject to certain age restrictions and/or
related procedures that we may revise in our sole discretion at any
time and for any reason. Any such age restrictions and procedures will
be posted within the Public Forum, as applicable. Back to top
7. HOUSE RULES
The following is a list of House Rules applicable to the GCG Sites. By using the GCG Sites, you agree that:
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You
will not submit, post, upload, distribute, or otherwise make available
or transmit any User-Generated Content that: (a) is defamatory,
abusive, harassing, insulting, threatening, or that could be deemed to
be stalking or constitute an invasion of a right of privacy of another
person; (b) is bigoted, hateful, or racially or otherwise offensive;
(c) is violent, vulgar, obscene, pornographic or otherwise sexually
explicit; (d) is illegal or encourages or advocates illegal activity or
the discussion of illegal activities with the intent to commit them;
(e) infringes or violates any right of a third party or any domestic or
international law, rule or regulation including, but not limited to:
(i) copyright, patent, trademark, trade secret or other proprietary or
contractual rights; (ii) right of privacy (specifically, you must not
distribute another person's personal information of any kind without
their express permission) or publicity; or (iii) any confidentiality
obligation; or (f) does not comply with all terms and conditions
applicable to the Submissions License (set forth above in section 4
labeled "SUBMISSIONS");
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You
own or have the necessary rights, licenses, consents and permissions,
without the need for any permission from or payment to any other person
or entity, to use, and to authorize us to use, distribute or otherwise
exploit in all manners permitted by these terms of use (including,
without limitation, the Submissions License), all copyrights,
trademarks, patents, trade secrets, privacy and publicity rights
(including, without limitation, names, likenesses and voices) and/or
other proprietary rights contained in any User-Generated Content that
you submit, post, upload, distribute or otherwise make available or
transmit. Licensing to us directly from such societies. Notwithstanding
the foregoing, regardless of whether you are a member of any performing
rights society, you hereby grant us a perpetual, non-exclusive and
irrevocable license to publicly perform each and every musical
composition (including lyrics) contained in such Submissions;
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You
will not (a) advertise or sell any products, services or otherwise
(whether or not for profit), or solicit others (including, without
limitation, solicitations for contributions or donations) or use any
Public Forum for commercial purposes of any kind, or (b) use any
product or service available on any GCG Site (including, without
limitation, electronic greeting cards, e-mail functions (e.g.,
send-a-friend e-mails) and RSS feeds or other similar type feeds) for
commercial purposes of any kind;
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You
will not submit, post, upload, distribute, or otherwise make available
or transmit any software or other computer files that contain a virus
or other harmful component, or otherwise impair or damage the GCG Sites
or any connected network, or otherwise interfere with any person or
entity's use or enjoyment of the GCG Sites;
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You
will not impersonate any person or entity or misrepresent your identity
or affiliation with any person or entity including, without limitation,
using another person's username, password or other account information,
or another person's name, likeness, voice, image or photograph;
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You
will not engage in antisocial, disruptive, or destructive acts,
including "flaming," "spamming," "flooding," "trolling," and "grieving"
as those terms are commonly understood and used on the Internet;
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You
will not delete any legal notices, disclaimers or proprietary notices
such as copyright or trademark symbols, or modify any logos that you do
not own or have express permission to modify;
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You
will not submit, post, upload, distribute or otherwise make available
or transmit any User-Generated Content or make statements in any Public
Forum that do not generally pertain to the designated topic or theme of
the Public Forum;
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You
will not submit, post, upload, distribute or otherwise make available
or transmit (or attempt to submit, post, upload, distribute or
otherwise attempt to make available or transmit) any User-Generated
Content in violation of a Public Forum's restrictions including, but
not limited to, its age restrictions, procedures and/or these terms of
use: You will not engage in (or attempt to engage in) any criminal
activity including, without limitation, child pornography, stalking,
sexual assault, fraud, trafficking in obscene or stolen material, drug
dealing, harassment, theft, and conspiracy to commit any criminal
activity.
We
cannot and do not assure that other users are or will be complying with
the foregoing House Rules or any other provisions of these terms of
use, and, as between you and us, you hereby assume all risk of harm or
injury resulting from any such lack of compliance.
To the extent
that any feature on a GCG Site requires you to submit your e-mail
address or mobile phone number in order to send a card, e-mail or
message, you must, and you hereby agree to, furnish your actual e-mail
address or actual mobile phone number, as applicable. Any business use,
"re-mailing," or other high-volume application is strictly prohibited.
You are not permitted to send cards, e-mails or messages using an
automated program. Electronic greeting cards, e-mails and mobile
messages may not contain inappropriate language or images or
copyrighted material (without the consent of the copyright holder) or
encourage illegal activity. We reserve the right not to deliver
electronic greeting cards, e-mails and mobile messages that violate
these guidelines.
WE MAY CHANGE THE GCG SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
8. OUR CONTENT REMOVAL RIGHTS
We
reserve the right, but disclaim any obligation or responsibility, to
remove any User-Generated Content from any GCG Site (a) that violates
these terms of use (including, without limitation, the House Rules) and
(b) to comply with any subpoena, order or otherwise cooperate with law
enforcement officials regarding the identification of any user alleged
to be using a GCG Site in violation of the law. If we deem appropriate
in our sole discretion, we reserve the right to preserve a record of
any such User-Generated Content and turn all or a portion thereof over
to law enforcement officials.
9. CONTENT LINKED TO ANY GCG SITE
You
should be aware that when you are on a GCG Site, you could be directed
to other sites that are beyond our control. There are links to other
sites from pages on GCG Sites that take you outside of our service. For
example, if you click on a banner advertisement or a search result, the
click may take you off the GCG Site. This includes links from
advertisers, sponsors and content partners that may use our logo(s) as
part of a co-branding relationship. You acknowledge that when you click
on a link that leaves a GCG Site, the site you will land on is not
controlled by us and different terms of use and privacy policy may
apply. By clicking on links to other sites, you acknowledge that we are
not responsible for those sites. We reserve the right to disable links
from third-party sites to any GCG Site, although we are under no
obligation to do so.
We make no representations concerning the
content of sites listed in any of our directories. Consequently, we
cannot be held responsible for the accuracy, relevancy, copyright
compliance, legality, or decency of material contained in sites listed
in our search results or otherwise linked to a GCG Site.
10. DISCLAIMER
THE
INFORMATION, CONTENT AND MATERIALS ON GCG SITES ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
INFORMATION, CONTENT AND MATERIALS ON ANY GCG SITE (INCLUDING, WITHOUT
LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY GCG SITE OR THE
SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES
CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED
IN ANY WAY TO ANY GCG SITE, INCLUDING, WITHOUT LIMITATION,
USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO
FROM ANY GCG SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
We explicitly disclaim any
responsibility for the accuracy, completeness or availability of
information, content and materials found on sites that link to or from
any GCG Site. We cannot ensure that you will be satisfied with any
products or services that you purchase from a third-party site that
links to or from any GCG Site or third-party information, content or
materials contained on our sites (including, without limitation,
User-Generated Content contained in Public Forums). We do not endorse
any of the merchandise, nor have we taken any steps to confirm the
accuracy, completeness or reliability of, any of the information,
content or materials contained on any third-party site. We do not make
any representations or warranties as to the security of any
information, content or materials (including, without limitation,
credit card and other personal information) you might be requested to
give to any third party. You hereby irrevocably waive any claim against
us with respect to information, content and materials contained on our
sites (including, without limitation, User-Generated Content), on third
party sites, and any information, content and materials you provide to
such third party sites (including, without limitation, credit card and
other personal information). We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding with
any online or offline transaction with any of these third parties.
11. SUBSCRIPTIONS/BILLING
Some
services offered on GCG Sites are subscription-based services, such as
separate or partner. Please refer to the Member Service Agreement for
the applicable subscription-based service for specific terms and
conditions applicable thereto.
12. INDEMNIFICATION
You
are entirely responsible for maintaining the confidentiality of your
username(s), password(s), and your account(s), as well as all
activities that occur under your account(s). You hereby agree to
indemnify, defend, and hold us, our licensors, licensees, distributors,
agents, representatives and other authorized users, and each of the
foregoing entities' respective resellers, distributors, service
providers and suppliers, and all of the foregoing entities' respective
officers, directors, owners, employees, agents, representatives and
assigns (collectively, the "Indemnified Parties")
harmless from and against any and all losses, damages, liabilities and
costs (including, without limitation, settlement costs and any legal or
other fees and expenses for investigating or defending any actions or
threatened actions) incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of these terms of use
or claims arising from your account(s). You shall use your best efforts
to cooperate with us in the defense of any claim. We reserve the right,
at our own expense, to employ separate counsel and assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you.
13. LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE
BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND
PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE
OF, OR THE INABILITY TO USE, ANY GCG SITE OR CONTENT, MATERIALS OR
FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER
ONLINE OR OFFLINE, OF ANY USER OF A GCG SITE OR ANY OTHER PERSON OR
ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU,
IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN
ANY ACTIVITY RELATED TO ANY GCG SITE.
MOREOVER,
UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF
THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE
MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES,
ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES,
RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL
DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS
OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND
THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF
THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS AND SUPPLIERS.
YOU
FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR LICENSORS AND
LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS,
DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE
FOR (A) ANY INCOMPATIBILITY BETWEEN THE GCG SITES AND ANY WEB SITE,
SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY
EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE GCG
SITES IN AN ACCURATE OR TIMELY MANNER.
THE
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE
IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR
DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE
TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT
APPLY TO YOU.
14. JURISDICTIONAL AND VENUE ISSUES
You
agree that any action at law or in equity arising out of or relating to
these terms of use shall be filed, and that venue properly lies. We
make no representation that information, content or materials on any
GCG Site are appropriate or available for use in any particular
location. Those who choose to access a GCG Site do so on their own
initiative and are responsible for compliance with all applicable laws
including, but not limited to, any applicable local laws.
15. AMENDMENT
We
reserve the right, in our sole discretion, to change, modify, add or
delete portions of these terms of use at any time without notice, and
it is your responsibility to review these terms of use for any changes.
Your use of any GCG Site following any amendment of these terms of use
will signify and constitute your assent to and acceptance of such
revised terms of use.
16. TERMINATION
These
terms of use are effective until terminated by either you or us. You
may terminate these terms of use at any time by discontinuing use of
all GCG Sites and destroying all materials obtained from any and all
such sites and all related documentation and all copies and
installations thereof, whether made under these terms of use or
otherwise. In the event that you terminate these terms of use, you
agree to notify us of such termination by sending notice of such
termination by certified United States mail, fax, or any other
electronically method.
We
may immediately terminate these terms of use with respect to you
(including your access to any and all GCG Sites) without cause and
without notice to you in our sole discretion. Upon termination, you
must cease use of all GCG Sites and destroy all materials obtained from
such sites and all copies thereof, whether made under these terms of
use or otherwise.
We have adopted and implemented a
policy that provides for the termination, in appropriate circumstances,
of users who are repeat infringers of copyright.
The provisions of these terms of use, which by their nature should
survive the termination of these terms of use, shall so survive such
termination.
17. GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance
with the law of the United States, without giving effect to any
principles of conflicts of law. If any provision of these terms of use
shall be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these terms of use and shall
not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of these terms of use by us shall be deemed
a further or continuing waiver of such provision or any other
provision, and our failure to assert any right or provision under these
terms of use shall not constitute a waiver of such right or provision. YOU
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY GCG
SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. |