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Indemnification, Disclaimers, & TERMS OF USE

Check out the legal stuff for the forum such as: Rules, Statements, Policies, etc.

Moderators: dj, SifGreyWillow

Indemnification, Disclaimers, & TERMS OF USE

Postby dj » Wed Jul 04, 2007 3:59 pm

Your conduct on our sites
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying our sites and the Services is the property of Grafix Galore Forum, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a Grafix Galore Forum representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities.

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Grafix Galore Forum for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

Requests to remove certain content from our sites
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice.

Indemnification

You hereby agree to indemnify, defend and hold Grafix Galore Forum and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Grafix Galore Forum Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Grafix Galore Forum Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content that you submit to our sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the General Counsel, Grafix Galore Forum.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

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 our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Grafix Galore and govern your use of our sites, superceding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in San Francisco, California if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.


TERMS OF USE AND COPYRIGHT STATEMENTS OF THIS WEBSITE
You are hereby granted permission to use documents ("Documents"), including but not limited to, webpages, information sheets, document design and layout, press releases, scripts, applications, images, and other public resources that are located on this or any other Grafix Galore Forum("Server") provided that:
(1) You agree to and comply with the copyright statement which appears below
(2) Use of such Documents from this Server is for informational use only and will not under any circumstances be copied, duplicated or posted on any computer or broadcast in any media without explicit written permission from Grafix Galore Forum
(3) No modifications or alterations of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties under Canadian and American intellectual property laws. Grafix Galore Forum websites are protected by copyrights and trademarks under the United States of America and Canada. No image, logo, or text may be copied, altered or transmitted unless expressly permitted by Grafix Galore Forum. Violators will be prosecuted to the maximum extent of the law.

COPYRIGHT STATEMENT
Copyright © 2007-2008 Grafix Galore Forum. All rights reserved. Absolutely no portions of any Document may be reproduced or re-transmitted in any form or media.

DISCLAIMER OF WARRANTIES
Grafix Galore and/or its suppliers make no representation about the suitability of the information contained in the Documents located on Server. All such Documents are provided "AS-IS" and "AS-AVAILABLE" without expressed or implied warranties or conditions of any kind. GGrafix Galore Forum and/or its suppliers hereby disclaim all warranties and conditions (expressed or implied), including, but not limited to, any interruptions, errors, omissions, or that this site is free of viruses or other harmful components. In no event shall Grafix Galore Forum and/or its suppliers be liable for any damages whatsoever resulting from loss of use, data or profits. Documents on Server may have inaccuracies or typographical errors. Grafix Galore Forum periodically will make updates and improvements to Documents.

LIMITATION OF LIABILITY
In no event shall Grafix Galore Forum and/or its suppliers be liable for any damages including, but not limited to, indirect, consequential, special damages or any damages resulting from loss of use or inaccuracy of Documents.

INDEMNIFICATION
You agree to indemnify and hold Grafix Galore Forum, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by or arising out of your use of Documents on this Server.

Privacy Statement
(1) We respect and are committed to protecting your privacy. This Privacy Policy lets you know how your personal information is processed and used at this site . We take extraordinary steps to use your personal information only in ways that are compatible with this Privacy Policy.
(2) this site is the sole owner of the information collected from our website. We do not, or will not sell, share, or rent this information to others in ways different from what is disclosed in our privacy statement below.
(3) A cookie is a piece of data stored on the visitor's hard drive containing information about the visitor. Advertisers connected to this site at times require cookies to tract statistics about products and locations, but at no time are these linked to any personal identification. At this time, this site uses cookies only for login convenience.
(4) this site keeps log files on broad fields to analyze trends, track user movements, and gather data for demographic locations. This is not attached in anyway to visitor's personal identification.
(5) At this time, this site does not share any information with advertisers, merchants, or any other third party.
(6) Links to other sites outside of this site do not apply to this privacy statement. We are not responsible for privacy policies of other websites linked to this site . Please read the privacy statement of each website linked to this site for information and data use for visitor's personal identification. Our privacy statement applies solely to this site.
(7) At any particular time, this site will conduct contests for our visitor's. Visitor participation for these contests is voluntary, and in no way requires the visitor to give out personal information when choosing not to enter in the contest. Collected information may include contact information and demographic information, such as name, e-mail, address, state, etc. This information will be used to notify the winners and award prizes.
(8) After registering for a Membership, you are given the choice of subscribing to our Newsletter. You can either elect to subscribe or unsubscribe at any time. All information stored on our database is not shared or sold to any third party what so ever. Subscribers wishing to unsubscribe to our newsletter can un-check the option in their account, using the 'Your Information' link.
(9) When a visitor chooses to send News, Articles, Reviews, etc, to a friend, the names and e-mail addresses are not logged. this site will send the friend a one-time e-mail inviting them to visit our site. this site will never send another e-mail to the visitor or friend for any purpose.
(10) If and when our policy statement changes, visitors with Memberships in our databases will be notified of the changes, and provided a link to this page to view the changes. If a visitor decides that our policy does not benefit them, they can use the opt-out option at anytime.
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dj
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