Terms of Service and Use
By using and/or registering to become a member of
the site, you are stating that you understand and
agree to be bound by the terms and conditions of this
user agreement (the "agreement"). Please
read the agreement. If you disagree with anything
in this agreement, please do not use the site or any
services provided in connection with the site.
SERVICES
To use the Site, you do not have to register to become
a Greg Chambers member ("Member").
As a Member, however, you will have access to various
services to which non-Members do not have access,
some of which will enable you and other site members
to interact with each other ("Member Areas").
These Member Areas and services can include and at
our discretion, the following:
Client Logins
Help Forums
Account Management
The above list is not comprehensive of all the services
provided. We reserve the right to modify or discontinue,
temporarily or permanently, the Site (or any part
thereof) with or without notice. You agree that Greg Chambers shall not be liable to you or
to any third party for any such action.
If you would
like to register to become a Member, please complete
our membership registration form. When you do, you
agree to: provide true, accurate, current and complete
information as prompted by the registration form,
maintain and update such information to keep it true,
accurate, current, and complete at all times, and
that you are the age that you state.
If any information
provided by you on the registration form is untrue,
inaccurate, not current or incomplete, or if we have
reasonable grounds to so believe, we have the right
to suspend or terminate your membership and to refuse
to provide you with any future membership. If we have
reason to believe that you have registered someone
other than yourself, we will cooperate with any law
enforcement investigation that may result from such
misrepresentations and shall have the right, in our
sole discretion, to disclose any information you provided
to us in connection with such registration.
Greg Chambers makes a good faith effort to prohibit registration
as a Member by, and will not knowingly connect or
store personal information from, children as governed
by law.
FEES
We reserve the right at any time to charge fees for
access to Site content or services or to portions
of the existing Site content or services or the Site
as a whole. In no event will you be charged for access
to any Site content or service, or to the Site as
a whole, unless we obtain your prior agreement to
pay such charges. If you do not consent to such charges,
however, you may not have access to paid content or
service.
SITE RULES
Following are some basic rules that apply to the Site
and that you agree to follow. If you violate any of
the Site rules, or if we have reasonable grounds to
so believe, we have the right to deny you access to
the Site, to suspend or terminate your membership
and to refuse to provide you with any future membership.
You agree not to use the Site to upload, store, post,
email or otherwise transmit any:
... material
that is inaccurate, unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar,
obscene, sexually explicit, libelous, invasive of
another's privacy, hateful, racist, bigoted or otherwise
objectionable;
... material
that you do not have a right to transmit under any
law or under contractual or fiduciary relationships;
... material
that infringes any patent, trademark, trade secret,
copyright or other proprietary right of any party,
advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form
of solicitation, except where specifically permitted;
... or material
that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software
or hardware or telecommunications equipment.
Additionally,
you agree not to:
... impersonate
any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
... forge
headers or otherwise manipulate identifiers in order
to disguise the origin of any material transmitted
through the Site;
... disrupt
the normal flow of dialogue, cause a screen to scroll
faster than other users of the Site are able to type,
or otherwise act in a manner that negatively affects
other users' ability to engage in real-time exchanges;
... interfere
with or disrupt the Site or servers or networks connected
to the Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the
Site;
... try to
gain access to areas that are private to Greg Chambers
administrators or to other Greg Chambers users;
... violate
any applicable local, state, national, or international
law or any regulation having the force of law;
... stalk
or otherwise harass another;
... harm minors
in any way, including, without limitation, to establish
unlawful contact with minors (whether on or off the
Site);
... collect
or harvest screen names; collect or store personal
data about other users of the Site; or solicit or
attempt to discover a user's password, screen name,
or other registration information without the user's
express knowledge and consent;
... engage
in or run raffles, lotteries, contests or sweepstakes;
... promote
or provide instructions of information about how to
engage in illegal conduct or commit illegal activities,
promote physical harm or injury, or promote any illegal
act; or
... store
any information or use any Web page or directory you
create for remote loading or as a door or signpost
to another Web page, whether inside or outside the
Site.
You acknowledge
that we do not prescreen material posted or transmitted
on the Site, but that we and our designees shall have
the right (but not the obligation) in our sole discretion
to review and edit, delete or refuse to post any material
submitted for display or placed on the Site, including
but not limited to message board posts, profiles,
and member-to-member messages. Without limiting the
foregoing, we and our designees shall have the right
to remove any material that violates this Agreement,
that we believe in good faith may create liability
for us, or that we deem is otherwise objectionable.
You acknowledge
and agree that we may preserve material and may disclose
material if required to do so by law or in the good
faith belief that such preservation or disclosure
is reasonably necessary to: ... comply with legal
process;
... enforce
this Agreement;
... respond
to claims that any material violates the right of
third parties; or
... in our
sole judgment, protect the rights, property, or personal
safety of Greg Chambers, its users and
the public.
PRIVACY
Our Privacy Policy states in full our policy regarding
Member privacy; see that document for more details.
REFUNDS
Our Refunds Policy states in full our policy regarding
refunds of membership fees, fees paid for services,
and/or fees paid for products; see that document for
more details.
PUBLIC AREAS
A Public Area ("Public Area") of the Site
is any area where you may submit material ("Submissions")
for viewing by others or view Submissions of other
Greg Chambers users, such as profiles, forums, or
award programs. In some of these areas, a Submission
includes the name, ID, nickname, and/or other information
that would be displayed with the submitted material,
as applicable. You agree to use Public Areas in accordance
with the Agreement and any policies for the Public
Areas that are displayed on the Site.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE
TO INDEMNIFY Greg Chambers AND HOLD IT HARMLESS FROM
ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS
FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT
INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, you automatically
grant Greg Chambers the royalty-free, perpetual, irrevocable,
nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, publicly perform
and display and distribute the content of the Submission
(in whole or in part) worldwide 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 Greg Chambers Site to access,
view, store, or reproduce the Submission for that
user's personal use.
LINKS
Our provision of a link to any other site or location
is for your convenience and does not signify our endorsement
of such site or location of its contents. Greg Chambers
shall not be responsible for any information, software,
or links found at any other World Wide Web site, Internet
location, or source of information, for your use of
such information, or for e-commerce transactions conducted
at or through any linked site or location.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of the site, including,
without limitation, any material and/or data developed
by Greg Chambers or by third parties ("information
providers"), is at your sole risk. The site,
and any content or materials available through the
site, are provided on an "as is" and "as
available" basis and without warranty of any
kind, express, implied or statutory. Greg Chambers and the information providers hereby expressly
disclaim all such warranties including, without limitation,
any implied warranties or merchantability, fitness
for a particular use or purpose, title, or noninfringement,
or any warranty as to results that may be obtained
through the use of the site. Greg Chambers
does not represent or warrant that the site will function
without interruption, that the site is error- or defect-free,
that any such defects or errors will be corrected,
or that the site and the server(s) that make the site
available are free of viruses or other harmful components.
No advice or information, whether oral or written,
that you obtain from Greg Chambers or otherwise
through your use of the site shall create any warranty
on the part of Greg Chambers or the information
providers. Further, Greg Chambers and the
information providers do not warrant or represent
that the use or the results of the use of any content
or materials made available through the site or from
third parties will be correct, accurate, timely, reliable
or otherwise.
LIMITATIONS ON LIABILITY
In no event shall Greg Chambers, the information
providers or any other person or entity involved in
creating or distributing the site be liable for any
direct, indirect, incidental, special or consequential
damages, however arising and under any theory of liability
(including, without limitation, tort, including negligence
and strict liability, breach of contract or breach
of warranty), that result from your use or inability
to use the site, any changes to the site or this agreement,
unauthorized access to or alteration of your transmission
of data, any material or data sent or received or
not sent or received, or any transactions entered
into through the site. Greg Chambers is
not responsible or liable for any threatening, defamatory,
obscene, offensive or illegal content or conduct of
any other party or any infringement of another's rights,
including intellectual property rights.
If you are
dissatisfied with the site or the services, content
or materials available on or through the site, your
sole and exclusive remedy is to discontinue using
the site. The foregoing limitations on liability shall
be applicable even if Greg Chambers or
the applicable third party knew or should have known
of the possibility of such damages and notwithstanding
the failure of essential purpose of any limited remedy.
Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
ALLOCATION OF RISK
You agree that the disclaimer of warranties, limitations
on liability, and indemnification provisions set forth
in this agreement represent and agreed upon allocation
of risk between you and Greg Chambers and
form an essential part of the basis of their bargain,
without which Greg Chambers would not enter
into this agreement or provide the site.
OWNERSHIP OF MATERIALS
The contents of the Site, including without limitation
text, software, photos, graphics, and all other audiovisual
elements are copyrighted by Greg Chambers as a collective
work under the United States copyright laws. Except
for material in the public domain, Greg Chambers and
its licensors hold copyrights to all content appearing
on the Site. Greg Chambers permits, without charge,
the reproduction and distribution of Greg Chambers
material contained on the Site for non-commercial
educational and personal uses; provided that such
materials remain unaltered and are accompanied by
a clearly visible copy of any copyright notice appearing
on such materials and by the Site's URL (http://www.gregchambers.com).
The only exception to this is any Greg Chambers Award
graphic, link, text, criteria, rules, etc.. We retrain
and reserve all rights to this information. Other
reproduction, distribution, retransmission, modification,
public display, and public performance of such materials
is prohibited without the prior written consent of
Greg Chambers. To obtain such consent, please contact
us.
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT
IS CLAIMED
Greg Chambers respects the intellectual
property rights of others. Pursuant to Title 17 U.S.C.512,
as amended by Title II of the Digital Millennium Copyright
Act ("the Act"), Greg Chambers
has implemented procedures for receiving written notification
of claimed copyright infringements and for processing
such claims in accordance with the Act. If you believe
your copyrights are being infringed by a Member, please
contact us. The information requested by the Notice
of Infringement Form substantively complies with 17
U.S.C. 512(c)(3)(A), which provides:
... To be
effective under this subsection, a notification of
claimed infringement must be a written communication
provided to the designated agent of a service provider
that includes substantially 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 to permit the service provider
to contact the complaining party such as an address,
telephone number, and if available, electronic e-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.
... Notification
from a copyright owner or from a person authorized
to act on behalf of the copyright owner that fails
to comply substantially with the provisions above
shall not be considered as providing actual knowledge
or an awareness of facts or circumstances from which
infringing activity is apparent.
Please provide
a Notice of Infringement Form information each time
you wish to report alleged acts of infringement.
Please note
that Greg Chambers will terminate in appropriate
circumstances the account of any Member who repeatedly
posts infringing material on the Site.
INDEMNIFICATION
You agree to hold harmless Greg Chambers
and its Information Providers and any other person
or entity involved in creating or distributing the
Site, as well as each of their respective affiliates
and their respective directors, officers, employees
and agents, from and against any and all claims, liabilities,
damages, losses, costs, fees (including reasonable
attorneys' fees) and expenses that such parties may
incur as a result of or arising out of your (or, in
the case of Members, anyone using your account's)
use of, or conduct with respect to, the Site.
MODIFICATION OF AGREEMENT
You agree that Greg Chambers may change
the terms and conditions of this Agreement, unilaterally,
and at any time, by conspicuously posting notice of
such change on the Site for a period of five (5) consecutive
days. Continued use of the Site after such notice
will constitute your acknowledgment and acceptance
of the revised terms and condition.
GENERAL
This Agreement contains the complete and final statement
of the understanding between you and Greg Chambers with respect to, and supercedes any and
all prior or contemporaneous negotiations, agreements
or communications, whether written or oral, between
you and Greg Chambers concerning, the subject
matter of this Agreement.
If any provision
of this Agreement is rendered by a court or governmental
agency of competent jurisdiction to be invalid, illegal,
or unenforceable, such invalidity, illegality or unenforceability
shall not affect the remainder of this Agreement,
which shall remain in full force and effect and be
enforced in accordance with its remaining terms.
The waiver
by Greg Chambers of a breach or default
of any of the provisions of this Agreement by you
shall not be construed as a waiver of any succeeding
breach of the same or other provisions; nor shall
any delay or omission on the part of Greg Chambers to exercise or avail itself of any right,
power or privilege that it has or may have hereunder
operate as a waiver of any breach or default by you.
You agree
that, regardless of any statute or law to the contrary,
any claim or cause of action that you may have arising
out of or related to use of the Site or this Agreement
must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The
section titles in this Agreement are solely used for
convenience and have no legal or contractual significance.
All provisions
of this Agreement that, by their nature, survive termination
of this Agreement will survive termination including
without limitation, the Site Rules, Public Areas,
Links, Disclaimer of Warranties, Limitations on Liability,
Allocation of Risk, Ownership of Materials, Indemnification,
Choice of Law/Jurisdiction and Venue and General sections
of this Agreement.
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