PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY THIS
USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE
TERMS OF USE, PLEASE DO NOT USE THIS SITE.
- General. This site is owned and operated by GATV Institute, Inc.
(referred to as "GATV Institute"). GATV Institute has the right at
any time to change or discontinue any aspect or feature of the site,
including, without limitation, the content, hours of availability, and
equipment needed for access or use of the site.
- Equipment. You shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed for access to
and use of the site and all charges related thereto.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You shall not post or
transmit through the site any material which violates or infringes in
any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, gives rise to civil liability
or otherwise violate any law. Without GATV Institute's express prior
approval, you shall not post or transmit through the site any material
which contains advertising or any solicitation with respect to products
or services. You shall not use the site to advertise or perform any
commercial solicitation, including, without limitation, the solicitation
of users to become subscribers of other on-line information services
competitive with the site. Any conduct by you that in GATV Institute's
discretion restricts or inhibits any other user from using or enjoying
the site will not be permitted.
- The site contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text, software,
photos, video, graphics, music and sound, and the contents of the site
are copyrighted under the United States copyright laws. You may not
modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in
whole or in part. You may download one copy of any copyrighted material
for your personal, non-commercial home use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, digital encoding, publication or commercial exploitation
of downloaded material will be permitted without the express written
permission of GATV Institute and the copyright owner. In the event of
any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. You acknowledge that you do
not acquire any ownership rights by downloading copyrighted material.
- You shall not upload, post or otherwise make available on the site any
material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining that any
material is not protected by copyright rests with you. You shall be
solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of the site, you
automatically grant, or warrant that the owner of such material has
expressly granted GATV Institute the royalty-free, worldwide, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, display, translate and distribute such material (in
whole or in part) and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed. You also permit
any other user of the site to access, view, store or reproduce the
material for that user's personal use. You grant GATV Institute the
right to edit, copy, display, publish and distribute any material made
available on the site by you.
- The foregoing provisions of Section 3 are for the benefit of GATV Institute,
its subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
GATV Institute, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE
PROVIDED THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY),
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT GATV Institute IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL GATV Institute, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED
THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN
NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR
SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL GATV Institute's TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
- Monitoring. GATV Institute shall have the right, but not the
obligation, to monitor the content of the site [including chat rooms and
forums], to determine compliance with these conditions of use and any
operating rules established by GATV Institute and to satisfy any law,
regulation or authorized government request. GATV Institute shall have the
right in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on the site. Without limiting the foregoing, GATV Institute
shall have the right to remove any material that GATV Institute, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
- Indemnification. You agree to defend, indemnify and hold harmless GATV Institute
and its affiliates and their respective directors, officers, employees and
agents from and against any and all claims, actions, demands, damages,
costs, liabilities, losses and expenses (including reasonable attorneys'
fees) arising out of your use of the site.
- Trademarks. GATV Institute and GATV Institute and each of their
logos are trademarks of GATV Institute, Inc. All rights reserved. All other
trademarks appearing on the site are the property of their respective
owners.
- Third Party Content. GATV Institute is a distributor (and not a
publisher) of content supplied by third parties and users of the site.
Accordingly, GATV Institute has no more editorial control over such content
than does a public library, bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information or content expressed or
made available by third parties, including information providers and users,
are those of the respective author(s) or distributor(s) and not of GATV Institute.
In many instances, the content available through the site represents the
opinions and judgments of the respective information provider or user. GATV Institute
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on the site by anyone other than
authorized GATV Institute employee spokespersons while acting in their
official capacities.
- Viruses. GATV Institute also assumes no responsibility, and shall
not be liable for, any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to, use of, or
browsing in the Site or your downloading of any materials, data, text,
images, video, or audio from the Site.
- Export Control. Software and other materials from this Site may
also be subject to United States Export Control. The United States Export
Control laws prohibit the export of certain technical data and software to
certain territories. No software from this Site may be downloaded or
exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the Unites States has
embargoed goods; or (2) anyone on the Unites States Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. GATV Institute does not authorize the downloading or
exportation of any software or technical data from this Site to any
jurisdiction prohibited by the United States Export Laws.
- Business Associates. The business associates of GATV Institute
identified on this Site are independent contractors of GATV Institute. The
business associates are not joint ventures or partners of GATV Institute.
No employee or representative of the business associates is under the
control of GATV Institute.
- Changed Terms. GATV Institute has the right at any time to change
or modify the terms and conditions applicable to use of the site, or any
part thereof, or to impose new conditions, including, without limitation,
adding fees and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be
given by any means including, without limitation, posting on the site, or by
electronic or conventional mail, or by any other means. Any use of the site
by you after such notice shall be deemed to constitute acceptance of such
changes, modifications, additions or deletions.
- Miscellaneous. These terms of use constitute the entire agreement
of the parties with respect to the subject matter hereof and supersede all
previous written or oral agreements between the parties with respect to such
subject matter. These terms of use shall be construed in accordance with the
laws of the State of Georgia, without regard to its conflict of laws rules.
You hereby consent to the personal jurisdiction of the State of Utah,
acknowledge that venue is proper in any state or Federal court in the State
of Utah, agree that any action related to these terms of use must be brought
in a state or Federal court in the State of Utah, and waive any objection
that may exist, now or in the future, with respect to any of the foregoing.
No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any
legal import.