The website may contain e-mail services, bulletin board services, chat areas, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:
· Use the Communication Services or the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
· Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
· Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
· Upload files that contain viruses, Trojan horses, worms, time bombs, spybots, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
· Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
· Use any GaryBonnell.com domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
· Transmit unsolicited or bulk communications to any GaryBonnell.com account holder or to any GaryBonnell.com or affiliated email address (regardless of whether you use the website to transmit any such communication).
· Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
The owners of GaryBonnell.com have no legal obligation to monitor the Communication Services offered through GaryBonnell.com. However, GaryBonnell.com reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. GaryBonnell.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
GaryBonnell.com reserves the right at all times to disclose any information as GaryBonnell.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GaryBonnell.com's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. GaryBonnell.com does not control or endorse the content, messages or information found in any Communication Services and, therefore, GaryBonnell.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized GaryBonnell.com spokespersons, and their views do not necessarily reflect those of GaryBonnell.com.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided to GaryBonnell.com or Posted to the Website
Unless otherwise specified, GaryBonnell.com does not claim ownership of the materials you provide to GaryBonnell.com (including, without limitation, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the website or its associated services for review by GaryBonnell.com, the general public, and/or by the members (Registered User) of any public or private community (each a "Submission" and collectively "Submissions"), and such Submissions shall be deemed not to be confidential. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting GaryBonnell.com permission to use your Submission in connection with the operation of their businesses (including, without limitation, all GaryBonnell.com services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and market products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the website.
No compensation will be paid with respect to the use of your Submission, as provided herein. GaryBonnell.com is under no obligation to post or use any Submission you may provide and GaryBonnell.com may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the website, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members (Registered User) of your private community (for each such Images available to members (Registered User) of such private community), and/or (b) to the general public (for each such Images available anywhere on the website, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the services or materials on the website (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the services and/or materials on the website. No compensation will be paid with respect to the use of your Images.
You acknowledge that GaryBonnell.com does not pre-screen Submissions, but that GaryBonnell.com and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Submissions that is available via the website. Without limiting the foregoing, GaryBonnell.com and its designees may disable, restrict access to or the availability of, any Submissions that violates the Terms of Use or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.
You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not GaryBonnell.com, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the website. GaryBonnell.com does not control the Submissions posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the website, you may be exposed to Submissions from others that are offensive, indecent or objectionable.
Notices and Procedure for Making Claims of Copyright Infringement
GaryBonnell.com will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this website:
Service provider:
Docupac, Inc.
Name of agent designated to receive notification of claimed infringement:
Keith Hunt
Full address of designated agent to which notification should be sent:
P. O. Box 1889 Naples, Florida 34106
Telephone number of designated agent:
800 871-4996
Facsimile number of designated agent:
239 774-1890
E-mail address of designated agent:
customerservice@garybonnell.com
To be effective, the notification must include the following:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· 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.
· 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.
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
· A statement that the complaining party has 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.
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Unsolicited Idea Submission Policy
GARYBONNELL.COM OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR ADVERTISING CAMPAIGNS, PROMOTIONS, PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN GARYBONNELL.COM'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO GARYBONNELL.COM. DO NOT SEND YOUR UNSOLICITED IDEAS TO GARYBONNELL.COM OR ANYONE AT GARYBONNELL.COM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT GARYBONNELL.COM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Spam E-mail and Unsolicited Postings
You agree that GaryBonnell.com would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that GaryBonnell.com is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). GaryBonnell.com reserves the right to block, filter or delete unsolicited e-mail.
Indemnity
You agree to indemnify, defend and hold GaryBonnell.com, and its officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Submissions, your use of the website, including any unauthorized use of your username and password by someone other than yourself, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another GaryBonnell.com member.
Third Party Advertisements and Promotions
GaryBonnell.com may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by GaryBonnell.com is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than GaryBonnell.com found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. GaryBonnell.com is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-GaryBonnell.com advertisers on the website.
Copyright and Trademark Information
COPYRIGHT NOTICE: Copyright © 2000-2004 GaryBonnell.com, POBox1889, Naples, Florida 34106 USA. All Rights Reserved. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013©(1)(ii) and FAR 52.227-19. This web site and all the materials written and artistic displayed herein and all the links to and from this website are protected under the Digital Millennium Copyright Act of 1998.
Any rights not expressly granted herein are reserved.
General Information
The Terms of Use constitute the entire agreement between you and GaryBonnell.com and govern your use of the website, superseding any prior agreements between you and GaryBonnell.com on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and GaryBonnell.com in effect as of the date of your use of the website and specifically regarding your use of the website ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other GaryBonnell.com services, third-party content or third-party software. You must not assign or otherwise transfer the Terms of Use nor any right granted hereunder.
Georgia law and controlling U.S. federal law govern any action related to the Terms of Use, without regard to the principles of choice of law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
GaryBonnell.com controls and operates this website from its headquarters in various locations in the United States of America and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
The failure of GaryBonnell.com to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.