Effective October 23, 2009
Updated October 6, 2011
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. ACKNOWLEDGEMENT AND ACCEPTANCE
b. This Site is controlled and offered by GMD from its facilities in the United States of America and is intended for use by United States residents only. GMD makes no representations that the Site is appropriate or available for use in other jurisdictions. If You are a non-U.S. resident and access this Site, You do so at Your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Site or the Content (as defined below) in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
2. ACKNOWLEDGEMENT OF LICENSE GRANT AND Site Content.
3. ELIGIBILITY and registration
The Member Area may be made available by GMD to individuals (each, a “Member”) that complete the registration form and can form legally binding contracts under applicable law. In order to use the Member Area, a Member must: (a) provide certain current, complete, and accurate information about the Member as entered on the registration form (“Registration Data”); (b) maintain and update the Registration Data as required to keep information current, complete, and accurate; (c) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (d) provide for the Member’s own access to the World Wide Web; and (e) pay any telephone or other service fees associated with such access. GMD retains the right to terminate a Member's account and Member’s rights to use the Member Area if any Registration Data that Member provides is untrue, inaccurate, not current, or incomplete, or if GMD has reasonable grounds to believe that any Registration Data is untrue, inaccurate, not current, or incomplete.
4. Account PASSWORD AND SECURITY
Member is solely responsible for (a) any charges, damages, or losses that may be incurred or suffered as a result of Members' failure to maintain the strict confidentiality of their User Name and Password; and (b) promptly informing GMD in writing of any need to deactivate any User Name and Password due to security concerns.
5. Member CONDUCT
You agree that when using the Site, You will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, You specifically agree that:
You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law.
You will not post information on or download information from the Site unless You have all rights and authority necessary to do so.
You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Site, including but not limited to, text, graphics, audio, and video files.
You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy and publicity) of any User or representative of GMD. You may express Your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
e. You will not impersonate another person or entity, including but not limited to, a GMD representative, or communicate under a false name or a name that You are not entitled or authorized to use.
You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations, or other similarly disruptive content.
You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.
You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
i. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, GMD servers, GMD software, or any areas of the Site not intended for Your access.
You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by GMD for such purposes.
You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.
GMD neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Site.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your account or Your access to the Site, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of GMD. GMD has no liability or responsibility to Users or any other person or entity for performance or non-performance of the aforementioned activities. If You believe Your account or Your access to the Site has been terminated in error, please contact us. GMD shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Site.
6. Public and member Areas.
If You use a public area of the Site where Users are allowed to post communications or other content (“Public Area”), or a Member Area of the Site where Members are allowed to post communications or other content, You agree that You are solely responsible for Your own communications, the consequences of posting those communications, and Your reliance on any communications found in the Public Area or the Member Area. GMD is not responsible for the consequences of any communications in the Public Areas or the Member Areas. GMD attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, GMD cannot and does not monitor the Public Areas or the Member Areas at all times and makes no guarantee with respect to Your experience in such areas. Anyone who feels that a posted message or image is objectionable is encouraged to notify GMD immediately. In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.
8. User Content and Artwork
As a User, You may submit video content ("User Videos") and textual content ("User Comments", collectively with Users Videos, "User Content"). You understand that whether or not such User Content is published, GMD does not guarantee any confidentiality with respect to any User Content.
The above licenses granted by You in User Comments are perpetual and irrevocable.
You further agree that (i) You will not 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 GMD all of the license rights granted herein; and (ii) You will not, in connection with User Content, submit material that is contrary to applicable local, national, and international laws and regulations.
GMD does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and GMD expressly disclaims any and all liability in connection with User Content. GMD does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and GMD will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights.
GMD reserves the right to remove Content and User Content without prior notice.
9. Copyright Notification
GMD does not permit copyright infringing activities and other infringement of intellectual property rights on its Site, and GMD will remove all Content and User postings if properly notified that such Content or User postings infringe on another's intellectual property rights. If You are a copyright owner or an agent thereof and believe that any User posting or other Content in any Public Area of the Site infringes upon or otherwise conflicts with Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and an electronic mail address;
e. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact GMD’s designated Copyright Agent at (802) 332-6201 to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GMD through the Contact Us area of the Site. You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.
GMD and GMD’s logo and other product and service names of GMD are trademarks of GMD (the “GMD Marks”). You agree not to display, reproduce or otherwise use in any manner GMD Marks without GMD’s prior written permission.
The Site may provide links to other Web sites or resources. GMD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. GMD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. GMD provides these links and references to You only as a convenience, and inclusion of any link or reference does not imply endorsement of the Web site or other resource.
12. Confidential Information
13. DISCLAIMER OF WARRANTIES
THE USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. GMD DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. GMD MAKES NO WARRANTY THAT THE SITE WILL MEET THE USER’S REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, NOR DOES GMD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM GMD OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE MEMBER.
14. LIMITATION OF LIABILITY
GMD SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SITE TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF GMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
15. USER FEEDBACKGMD is pleased to hear from Users and welcomes Your comments regarding the Site. If You send GMD Your feedback, ideas and materials via the Site, please understand that by submitting the information to GMD, You assign GMD, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials You submit. We will be entitled to use any information and materials You submit through this Site for any purpose whatsoever without restriction and without compensating You in any way, and by submitting any such information and materials, You represent to GMD that You have the right to do so.
19. NO RESALE OF THE SITEYour right to use the Site is personal to You. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of GMD.
24. Section HeadingsCaptions are for the ease of reference only and shall not affect the meaning of the relevant provisions.
Green Mountain Digital, Inc.
16 Central Street, Unit 2
Woodstock, Vermont 05091
Phone: (802) 332-6201
Fax: (802) 332-6204