07-25-2011, 06:41 AM
Never display any personal information that could be used to find you in the real world - for example, your full real name, mailing or home address, or phone numbers - unless of course that is your intention.
1. Privacy Notice. Your privacy is important to Gordon England. Our Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
2. Individual Features and Services. You will be subject to additional posted guidelines or rules including, but not limited to, the "Announcements" or "Stickies" found in the Forums, which are applicable to specific activities and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
3. Modification of these Terms. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of our sites after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted.
4. Prohibited Conduct -- BY USING GORDON ENGLAND YOU AGREE NOT TO:
"Stalk", harass, threaten, or defraud other Members
Send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate
messages to other Members
Make unsolicited offers, advertisements, proposals, chain letters, or send junk mail, to other Members
Impersonate another person or access another Member's account without permission
Fail to deliver payment for any purchases made.
Share issued passwords with a third party or encourage another Member to do so
Misrepresent the source, identity, or content of information transmitted via our sites, for example, claiming a created work as your own that is not
Use for any illegal purpose
Interfere with any security-related features of our sites
Intentionally interfere with the operation of Gordon England or any Member's enjoyment of it, or intentionally post inflammatory statements to get responses ("Trolling")
5. Eligibility; Account Information. You agree that the information you provide us on Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
6. Password. When you register as a Member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify Gordon England. You may be liable for the losses incurred by Gordon England or others due to any unauthorized use of your account.
7. Ownership; Proprietary Rights. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Gordon England's web sites, including without limitation any Artwork, virtual items, member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by copyright and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members. All trademarks, service marks, and trade names are proprietary to Gordon England or its affiliates and/or third-party licensors. Except as
expressly authorized by Gordon England, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials.
8. Member Submissions.
Definition of Member Submissions. We may now or in the future permit submissions in trail reports, tech articles, product reviews, blogging, etc. by you and other Members ("Member Submissions"), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Gordon England does not guarantee any confidentiality with respect to any Member Submissions.
Ownership, Limited License Grants. Member's retain all ownership rights in their Member Submissions.
1. Limited License Grant to Gordon England. By submitting Member Submissions, you hereby grant to Gordon England, solely as necessary to provide the features and functionality of the part(s) of our sites within which you choose to make your Member Submissions available, a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) your Member Submissions within Gordon England in any media formats and through any media channels. This license does not grant Gordon England the right, except in providing the service, to use your Member Submissions for any other commercial purposes.
2. Limited License Grant to other Members. By submitting Member Submissions to Gordon England, in cases where you display your Member Submissions for other Members to view, or when you directly exchange or otherwise provide your Member Submissions to other Members as permitted by certain site functionality and these Terms, you hereby grant to such Members a non-exclusive license to display, reproduce, and perform (if applicable) such Member Submissions solely as necessary for such Members to participate in the relevant sites functionality or activity.
3. License Termination. The foregoing license granted by you terminates as to a specific Member Submission once you remove or delete such Member Submission.
Required Rights in Member Submissions. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Gordon England and Members to use your Member Submissions as necessary to exercise the license granted by you in Section 8.2 above and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any Member Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the Member Submissions in the manner contemplated
by Gordon England and these Terms.
Member Submissions Representations. In connection with Member Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Gordon England all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Gordon England or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
Member Submissions Disclaimer. You understand that when using Gordon England's sites you will be exposed to Member Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gordon England with respect thereto, and agree to indemnify and hold Gordon England, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Gordon England. We does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and we expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, We may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. For clarity, We does not permit copyright infringing activities on Gordon England's sites.
9. Messaging and Chat
You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, Gordon England. We accept no responsibility whatsoever in connection with or arising from such Messages. We do not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by us prior to posting and do not necessarily reflect the opinions or policies of Gordon England. We make no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, we reserve the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
We assume no responsibility for actively monitoring Forums for inappropriate Messages. If at any time we chooses, in its sole discretion, to monitor the Forums, we nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Gordon England accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.
10. Prohibited Uses.
Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access our sites from locations outside of the United Kingdom do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the
internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside. Members visiting our sites from countries outside of the United Kingdom must agree to abide by all local rules regarding online conduct and acceptable content.
Any use of any of the Materials other than for private, non-commercial use is strictly prohibited. As a condition of your use of Gordon England's sites, you will not use Gordon England for any purpose that is unlawful or prohibited by these Terms. You may not use Gordon England in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of our sites. You may not attempt to gain unauthorized access to our sites, or any part of them, other accounts, computer systems or networks connected to Gordon England, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of our sites or any activities conducted on our sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Gordon England's sites. You agree neither to modify in any manner or form, nor to use modified versions of Gordon England's sites, including (without limitation) for the
purpose of obtaining unauthorized access.
We may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access information for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access. * Search engines are exempt from this prohibition.
11. Third-Party Sites, Products and Services; Links
We may include links to other web sites or services solely as a convenience to Members ("linked sites"). We do not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, We make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our sites are solely between you and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our sites.
12. Violations; Termination.
You agree that Gordon England, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with us or your use of us and remove and discard all or any part of your account, Member profile, or any Member Submission, at any time. We may also in our sole discretion and at any time discontinue providing access to Gordon England, or any part thereof, with or without notice. You agree that any termination of your access to to our sites or any account you may have or portion thereof may be effected without prior notice, and you agree that we shall not be liable to you or any third party for any such termination. As discussed herein, We do not permit copyright infringing activities, and reserves the right to terminate access to our sites, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
No Warranties. GORDON ENGLAND AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GORDON ENGLAND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
GORDON ENGLAND, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
GORDON ENGLAND, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GORDON ENGLAND, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GORDON ENGLAND NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF OUR SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Indemnification; Hold Harmless. You agree to indemnify, save, and hold Gordon England, its affiliated companies, and its suppliers, licensors, and
partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of our sites, violation of
these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Gordon England, and you agree to cooperate with Gordon England's defence of these claims.
15. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GORDON ENGLAND OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON OUR SITES, OR ANY OTHER INTERACTIONS, EVEN IF Gordon England or AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Gordon England AND RECEIVED THROUGH OR ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED.
© Copyright Gordon England 1996-2011
ALL RIGHTS RESERVED
03-28-2014, 10:28 AM
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