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General
These Terms of Service govern
your use of the gozantz.com
website (the “Site”) and any of
it's related web sites.
gozantz.com and all related
sites are owned and operated
by GoZantz.Com
Association, Ltd.,
an Ohio Limited Liability
Company (“we” or
“us”). By using this Site, you
agree to be bound by these Terms
of Service and to use the Site
in accordance with these Terms
of Service, our
Privacy
Statement and any
additional terms and conditions
that may apply to specific
sections of the Site or to
products and services available
through the Site. Accessing the
Site, in any manner, whether
automated or otherwise,
constitutes use of the Site and
your agreement to be bound by
these Terms of Service.
We reserve the right to change
these Terms of Service or to
impose new conditions on use of
the Site, from time to time, in
which case we will post the
revised Terms of Service on this
website. By continuing to use
the Site after we post any such
changes, you accept the Terms of
Service, as modified.
Intellectual Property Rights
Gozantz.com’s Limited
License to You. This Site
and all the materials available
on the Site are the property of
us and/or our affiliates or
licensors, and are protected by
copyright, trademark, and other
intellectual property laws. The
Site is provided solely for your
personal noncommercial use. You
may not use the Site or the
materials available on the Site
in a manner that constitutes an
infringement of our rights or
that has not been authorized by
us. More specifically, unless
explicitly authorized in these
Terms of Service or by the owner
of the materials, you may not
modify, copy, reproduce,
republish, upload, post,
transmit, translate, sell,
create derivative works,
exploit, or distribute in any
manner or medium (including by
email or other electronic means)
any material from the Site. You
may, however, from time to time,
download and/or print one copy
of individual pages of the Site
for your personal,
non-commercial use, provided
that you keep intact all
copyright and other proprietary
notices.
Your License to
Gozantz.com. By posting
or submitting any material
(including, without limitation,
photos and videos) to us via the
Site, you are representing: (i)
that you are the owner of the
material, or are making your
posting or submission with the
express consent of the owner of
the material; and (ii) that you
are eighteen years of age or
older. In addition, when you
submit or post any material, you
are granting us, and anyone
authorized by us, a
royalty-free, perpetual,
irrevocable, non-exclusive,
unrestricted, worldwide license
to use, copy, modify, transmit,
sell, exploit, create derivative
works from, distribute, and/or
publicly perform or display such
material, in whole or in part,
in any manner or medium, now
known or hereafter developed,
for any purpose. The foregoing
grant shall include the right to
exploit any proprietary rights
in such posting or submission,
including, but not limited to,
rights under copyright,
trademark, service mark or
patent laws under any relevant
jurisdiction. Also, in
connection with the exercise of
such rights, you grant us, and
anyone authorized by us, the
right to identify you as the
author of any of your postings
or submissions by name, email
address or screen name, as we
deem appropriate.
Limitations on Linking and
Framing. Free members are
required to establish a
hypertext link to the Site so
long as the link does not state
or imply any sponsorship of your
site by GoZantz.Com or
Gozantz.com. However, you
may not, without our prior
written permission, frame or
inline link any of the content
of the Site, or incorporate into
another website or other service
any of our material, content or
intellectual property.
Disclaimers
Throughout the Site, we have
provided links and pointers to
Internet sites maintained by
third parties. Our linking to
such third-party sites does not
imply an endorsement or
sponsorship of such sites, or
the information, products or
services offered on or through
the sites. In addition, neither
we nor our parent or subsidiary
companies nor any of our
respective affiliates operate or
control in any respect any
information, products or
services that third parties may
provide on or through the Site
or on websites linked to by us
on the Site.
THE gozantz.com EVENT MANAGER IS
CURRENTLY UNDER DEVELOPMENT AND
IS EXPECTED TO BE RELEASED ON
MAY 1, 2007. AS THIS
SOFTWARE IS UNDER DEVELOPMENT,
IT MAY BECOME NECESSARY TO PUSH
BACK THIS RELEASE DATE. WE
WILL KEEP THE CURRENT EXPECTED
RELEASE DATE ACCURATE ON THIS
PAGE AS WELL AS ON THE BENEFITS
PAGE INSIDE OF YOUR MEMBER AREA.
THE INFORMATION, PRODUCTS AND
SERVICES OFFERED ON OR THROUGH
THE SITE AND ANY THIRD-PARTY
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 AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO
NOT WARRANT THAT THE SITE OR ANY
OF ITS FUNCTIONS WILL BE
UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY PART OF THIS SITE,
INCLUDING BULLETIN BOARDS, OR
THE SERVERS THAT MAKE IT
AVAILABLE, ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF
THE SITE OR MATERIALS ON THIS
SITE OR ON THIRD-PARTY SITES IN
TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You must provide and are solely
responsible for all hardware
and/or software necessary to
access the Site. You assume the
entire cost of and
responsibility for any damage
to, and all necessary
maintenance, repair or
correction of, that hardware
and/or software.
Online Commerce
Certain sections of the Site may
allow you to purchase many
different types of products and
services online that are
provided by third parties. We
are not responsible for the
quality, accuracy, timeliness,
reliability or any other aspect
of these products and services.
If you make a purchase from a
merchant on the Site or on a
site linked to by the Site, the
information obtained during your
visit to that merchant’s online
store or site, and the
information that you give as
part of the transaction, such as
your credit card number and
contact information, may be
collected by both the merchant
and us. A merchant may have
privacy and data collection
practices that are different
from ours. We have no
responsibility or liability for
these independent policies. In
addition, when you purchase
products or services on or
through the Site, you may be
subject to additional terms and
conditions that specifically
apply to your purchase or use of
such products or services. For
more information regarding a
merchant, its online store, its
privacy policies, and/or any
additional terms and conditions
that may apply, visit that
merchant’s website and click on
its information links or contact
the merchant directly. You
release us and our affiliates
from any damages that you incur,
and agree not to assert any
claims against us or them,
arising from your purchase or
use of any products or services
made available by third parties
through the Site.
You agree to be financially
responsible for all purchases
made by you or someone acting on
your behalf through the Site.
You agree to use the Site and to
purchase services or products
through the Site for legitimate,
non-commercial purposes only.
You also agree not to make any
purchases for speculative, false
or fraudulent purposes or for
the purpose of anticipating
demand for a particular product
or service. You agree to only
purchase goods or services for
yourself or for another person
for whom you are legally
permitted to do so. When making
a purchase for a third party
that requires you to submit the
third party’s personal
information to us or a merchant,
you represent that you have
obtained the express consent of
such third party to provide such
third party’s personal
information.
Use of Company Directories
The information contained in any
company directories that may be
provided on the Site is provided
for business lookup purposes and
is not to be used for marketing
or telemarketing applications.
This information may not be
copied or redistributed and is
provided “AS IS” without
warranty of any kind. In no
event will we or our suppliers
be liable in any way with regard
to such information.
Interactive Features
This Site may include a variety
of features, such as bulletin
boards, web logs, chat rooms,
and email services, which allow
feedback to us and real-time
interaction between users, and
other features, such as
personalized home pages and
email services, which allow
users to communicate with
others. Responsibility for what
is posted on bulletin boards,
web logs, chat rooms, and other
public posting areas on the
Site, or sent via any email
services on the Site, lies with
each user – you alone are
responsible for the material you
post or send. We do not control
the messages, information or
files that you or others may
provide through the Site. It is
a condition of your use of the
Site that you do not:
-
Restrict or inhibit any
other user from using
and enjoying the
Service.
- Use
the Site to impersonate
any person or entity, or
falsely state or
otherwise misrepresent
your affiliation with a
person or entity.
-
Interfere with or
disrupt any servers or
networks used to provide
the Site or its
features, or disobey any
requirements,
procedures, policies or
regulations of the
networks we use to
provide the Site.
- Use
the Site to instigate or
encourage others to
commit illegal
activities or cause
injury or property
damage to any person.
- Gain
unauthorized access to
the Site, or any
account, computer
system, or network
connected to this Site,
by means such as
hacking, password mining
or other illicit means.
-
Obtain or attempt to
obtain any materials or
information through any
means not intentionally
made available through
this Site.
- Use
the Site to post or
transmit any unlawful,
threatening, abusive,
libelous, defamatory,
obscene, vulgar,
pornographic, profane or
indecent information of
any kind, including
without limitation any
transmissions
constituting or
encouraging conduct that
would constitute a
criminal offense, give
rise to civil liability
or otherwise violate any
local, state, national
or international law.
- Use
the Site to post or
transmit any
information, software or
other material that
violates or infringes
upon the rights of
others, including
material that is an
invasion of privacy or
publicity rights or that
is protected by
copyright, trademark or
other proprietary right,
or derivative works with
respect thereto, without
first obtaining
permission from the
owner or rights holder.
- Use
the Site to post or
transmit any
information, software or
other material that
contains a virus or
other harmful component.
- Use
the Site to post,
transmit or in any way
exploit any information,
software or other
material for commercial
purposes, or that
contains advertising.
- Use
the Site to advertise or
solicit to anyone to buy
or sell products or
services, or to make
donations of any kind,
without our express
written approval.
-
Gather for marketing
purposes any email
addresses or other
personal information
that has been posted by
other users of the Site.
You understand
that we have no obligation to
monitor any bulletin boards,
chat rooms, web logs, or other
areas of the Site through which
users can supply information or
material. However, we reserve
the right at all times to
disclose any information we
believe necessary to satisfy any
law, regulation or governmental
request, or to refuse to post or
to remove any information or
materials, in whole or in part,
that in our sole discretion are
objectionable or in violation of
these Terms of Service. We also
reserve the right to deny access
to the Site or any features of
the Site to anyone who violates
these Terms of Service or who,
in our sole judgment, interferes
with the ability of others to
enjoy our website or infringes
the rights of others.
Registration
To access certain features of
the Site, we may ask you to
provide certain demographic
information including your
gender, year of birth, zip code
and country. In addition, if you
elect to sign-up for a
particular feature of the Site,
such as chat rooms, web logs, or
bulletin boards, you may also be
asked to register with us on the
form provided and such
registration may require you to
provide personally identifiable
information such as your name
and email address. You agree to
provide true, accurate, current
and complete information about
yourself as prompted by the
Site’s registration form. If we
have reasonable grounds to
suspect that such information is
untrue, inaccurate, or
incomplete, we have the right to
suspend or terminate your
account and refuse any and all
current or future use of the
Site (or any portion thereof).
Our use of any personally
identifiable information you
provide to us as part of the
registration process is governed
by the terms of our
Privacy Policy.
Passwords
To use certain features of the
Site, you will need a username
and password, which you will
receive through the Site’s
registration process. You are
responsible for maintaining the
confidentiality of the password
and account, and are responsible
for all activities (whether by
you or by others) that occur
under your password or account.
You agree to notify us
immediately of any unauthorized
use of your password or account
or any other breach of security,
and to ensure that you exit from
your account at the end of each
session. We cannot and will not
be liable for any loss or damage
arising from your failure to
protect your password or account
information.
Classified Advertising
When you submit a classified ad
for publication on the Site, you
agree that the advertisement as
it appears on the Site becomes
our property and you assign all
ownership interest in the
advertisement as it appears on
the Site under copyright law or
otherwise to us. Submission of
an advertisement does not
constitute a commitment to
publish the advertisement, and
publication of an advertisement
does not constitute an agreement
for continued publication. We
will accept only standard
abbreviations and require proper
punctuation. We reserve the
right to edit, reclassify,
revise, reject or cancel any
advertisement at any time, in
our sole discretion. Rates and
specifications are subject to
change.
Limitation of Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE, OUR
SUBSIDIARY AND PARENT COMPANIES
OR AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE SITE,
INCLUDING ITS MATERIALS,
PRODUCTS, OR SERVICES, OR
THIRD-PARTY MATERIALS, PRODUCTS,
OR SERVICES MADE AVAILABLE
THROUGH THE SITE, EVEN IF WE ARE
ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES.
(BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN CATEGORIES
OF DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH
STATES, OUR LIABILITY AND THE
LIABILITY OF OUR SUBSIDIARY AND
PARENT COMPANIES OR AFFILIATES
IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW.)
YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT WE ARE NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER. IF
YOU ARE DISSATISFIED WITH THE
SITE, ANY MATERIALS, PRODUCTS,
OR SERVICES ON THE SITE, OR WITH
ANY OF THE SITE’S TERMS AND
CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination
We may cancel or terminate your
right to use the Site or any
part of the Site at any time
without notice. In the event of
cancellation or termination, you
are no longer authorized to
access the part of the Site
affected by such cancellation or
termination. The restrictions
imposed on you with respect to
material downloaded from the
Site, and the disclaimers and
limitations of liabilities set
forth in these Terms of Service,
shall survive.
Other
This agreement constitutes the
entire agreement between us and
you with respect to the subject
matter contained in this
agreement and supersedes all
previous and contemporaneous
agreements, proposals and
communications, written oral.
You also may be subject to
additional terms and conditions
that may apply when you use the
products or services of a third
party that are provided through
the Site. In the event of any
conflict between any such
third-party terms and conditions
and these Terms of Service,
these Terms of Service shall
govern. This agreement shall be
governed by and construed in
accordance with the laws of the
State of New York without giving
effect to any principles of
conflicts of law. If any
provision of this agreement
shall be unlawful, void or for
any reason unenforceable, then
that provision shall be deemed
severable from this agreement
and shall not affect the
validity and enforceability of
any remaining provisions.
We will not sell
or release your information to
any third party. However,
we may, from time to time, send
you marketing e-mails for other
companies, including our other
companies under the "gozantz.com
Search Association, Ltd.. umbrella.
You agree not to report these
e-mails as spam to any spam
database, ISP or other public
forum.
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