OUR TERMS OF SERVICE
Welcome to the The Great Outdoor Emporium Mall's Great Outdoor Emporium Mall Internet
service (the "Service"). This document explains the terms and conditions
for using our Service (the "Agreement"). By using our Service, you consent
to this Agreement and any new version of it posted since your last visit.
If the Agreement is not acceptable, then please do not use our Service.
This Agreement was last updated on: 11/11/2001.
USING OUR CONTENT & SERVICE.
Our Proprietary Rights. Our Service may contain an assortment of
information, data, software, images, video clips, music, links, logos and
other material ("Content") that are the copyright, trademark or other
intellectual property of the owners of this Service or third party
suppliers. The Content in this Service is copyrighted individually and as
a collective work. All rights are reserved. The name "The Great Outdoor Emporium Mall's
Great Outdoor Emporium Mall" and other names appearing herein are the
trademarks or registered trademarks of the Service or the respective third
party owners. You will ensure that all copyright, trademark or other
proprietary rights notices appearing on any Content remain intact and
legible. All licenses are non-exclusive.
Linking to Our Site. You may not display our Content within a frame or
border, or "deep link" or harvest Content located below our top-most URL.
You will not link to our Service or Content in a manner that suggests an
endorsement or affiliation between our sites. You will remove any link to
our Service that we find objectionable promptly upon request.
Reservation of Rights. All content, communications, software applications,
digital products, updates and features of this Service are copyrighted by
the Service, its owners, suppliers or other third parties. We reserve all
rights not specifically granted to you. This means permission to use the
Service and related intellectual property rights will be narrowly
interpreted by a court in our favor. Except as specifically authorized in
this Agreement, you may not store, copy, reproduce, adapt, reformat,
create derivative works of, transmit, disseminate, publicly display or
perform any copyrighted material from this Service. You may not reverse
engineer our Service or any software obtained from it to discover its
underlying design or inner workings (and you will hold in confidence for
our benefit alone anything discovered in violation of this provision). If
you infringe our intellectual property rights or exceed the scope of
permitted use of this Agreement, you agree that we could be irreparably
injured and may obtain a court order without necessity of posting bond to
enjoin you from further mischief.
Our Online Product Catalog. Our online catalog offers information about
tangible and/or digital products available for sale or license. All
product information, descriptions and prices contained in our online
catalog are provided in good faith but "AS-IS" and "AS-AVAILABLE." All
orders are subject to our approval and acceptable payment methods or
terms. Unless otherwise agreed, prices are payable in U.S. dollars by
major credit card, certified check or money order. Prices and availability
of items are subject to change without notice. Prices published in the
online catalog may differ from manufacturer list prices and prices or
special offers published through other channels. Unless otherwise noted,
any price "savings" refer to discounts from list price. We may limit sales
to resellers or other middlemen. Stocking levels and shipping times for
packaged goods are estimates and are subject to contingencies that may be
beyond our control. Prices do not include shipping, taxes or insurance.
Products are generally sold on a no-return basis (exceptions must be
specifically authorized by management and, in the case of software or
other digital products, we may require you to sign a certification that
all copies have been destroyed. Shipping, handling and insurance are not
refundable).
YOUR CONTENT & SUBMISSIONS.
Your Personal Web Page. Our Service allows registered users to create
personal web pages and to upload and manage content for those pages
("Personal Pages"). Personal Pages are for personal and family use. The
amount of storage space for Personal Pages is limited. Please view the
applicable FAQs or instructions to determine storage limitations. Personal
Pages may not be used to carry on a business or commercial enterprise for
profit. You may not create any password-protected areas on your Personal
Page.
Your Hosted Web Site. Our Service allows registered users to create web
sites hosted by our Service and to upload and remotely manage their own
content and communications ("Hosted Sites"). The amount of storage space
for Hosted Sites is limited. Please view the applicable FAQs or
instructions to determine storage limitations. Registered operators may
transact business on their Hosted Site. Any supplemental business services
provided by us or by third party suppliers to Hosted Sites (e.g., order
fulfillment or payment processing services) may be governed by
supplemental terms, conditions and fees.
Your Virtual Storage Locker. Our Service allows registered users to
upload, store and retrieve files in private areas of our system ("Storage
Lockers"). The amount of space available for Storage Lockers is limited.
Please view the applicable FAQs or instructions to determine space
limitations. If you register for a Storage Locker, you may access and
upload your files into the Storage Locker, manage your files and download
them later. You may use legally permissible utilities to encrypt files
before uploading them to your Storage Locker.
Data Management & Disclosure. We reserve the right to manage and operate
our system resources and to archive or delete any files stored on our
Service at any time. You are responsible for making back-up copies of any
files that you wish to preserve. We may archive or delete files stored in
accounts that have not been logged into and are inactive for an extended
period of time, as determined by the Service. We do not claim any
ownership rights in the contents under your account. We may disclose the
contents of your account (a) as required by law or legal process, (b) to
protect or defend the rights of the Service, (c) to enforce this
Agreement, or (d) to protect the interests of any other user.
Prohibited Behavior. You will not upload, store or disseminate any Content
or make any Communications which violate or infringe the intellectual
property or privacy rights of any person or which a reasonable person
would consider abusive, profane, hateful, racially or ethnically
offensive, which are defamatory or harassing, or which violate or
encourage others to violate this Agreement or any applicable law. You will
not upload or transmit pornographic or obscene images or files, and you
will not impersonate our personnel or disrupt the orderly operation of the
Service. You will not use the Service to violate any applicable law,
including U.S. or foreign securities laws or regulations. In order to
protect itself, the Service may without liability actively cooperate with
and furnish identifying and supporting information to any person likely to
be harmed or affected by your violation of this Agreement and to any law
enforcement agency conducting an investigation. You also agree not to make
any Communication that encourages users to terminate their use of the
Service or to use a competitor's service.
THIRD PARTY LINKS AND ADVERTISERS.
Content, goods or services may be offered by third parties through
hotlinks or advertisements contained on our Service or through
private-branded areas that are controlled by third party providers. These
are offered as a convenience to you. We have no control over and do not
endorse third party content, goods or services. We act as a distributor
and not as a republisher of third party content and as an advertising
channel for third party goods and services. Third party providers may
change, add or discontinue their content or offerings at any time without
notice. They may impose additional or different conditions on your use of
their content or services (please read any additional terms that may be
posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES
REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY
PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS
REGARDING SUCH MATTERS.
SYSTEM SECURITY.
We offer secure web pages to collect certain kinds of information from
users and we store certain kinds of sensitive information in encrypted
form. We follow reasonable technical and management practices to help
protect the confidentiality, security and integrity of data stored on our
system. While no computer system is completely secure, we believe the
measures implemented by our Service reduce the likelihood of security
problems to a level appropriate to the type of data involved.
OUR PRIVACY POLICY.
Our Privacy Policy for this Site is posted at our main page. The terms of
that Policy, and any future amendments to it, are hereby incorporated by
reference in its entirety into this Agreement and subject to these terms.
Third parties providing goods or services to you (including those
advertising or providing links on our Service) may have privacy policies
or practices that differ from our own. Please check their sites' privacy
disclosures for details.
WARRANTIES & LIABILITIES.
Warranty Disclaimer. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT,
COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE
INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE
WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY,
QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SERVICE
IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR
COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE
SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR
IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
Limitation of Liability. IN NO EVENT IS THE SERVICE LIABLE WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR
ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL,
LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN
ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO
THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE
AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold harmless the
Service and its officers, directors, owners, agents, employees, advisers
and consultants, from and against any claims, actions, demands, liability,
damages (including legal and professional fees) asserted by any third
party and arising from your use of the Service, your conduct, content,
communications, alleged infringement of third party intellectual property
or privacy rights, or violation of this Agreement.
Limitation of Remedies. You agree that if the Service breaches this
Agreement, your sole and exclusive remedy will be to terminate this
Agreement and your relationship with the Service. This applies regardless
of whether the remedy fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES
AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SERVICE,
ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES,
AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS
AND PROMOTERS.
FORCE MAJEURE.
The Service is not responsible for any delay or failure in performance of
the Service in whole or in part for any reason including, without
limitation: fires, floods, storms, earthquakes, civil disturbances,
disruption of telecommunications, transportation, utilities, services or
supplies, governmental action, computer viruses, corruption of data,
hacker attack, incompatible or defective equipment, software or services
or otherwise. Nothing herein enlarges any warranty or diminishes any
disclaimer under this Agreement.
INJUNCTIVE RELIEF.
If you violate or exceed the scope of this Agreement or infringe our
proprietary rights, you agree we would be irreparably harmed and may (in
addition to other relief and without having to post bond) obtain a court
order enjoining your from further mischief.
GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
SUBSTANTIVE LAWS OF CALIFORNIA (USA), WITHOUT REGARD TO CONFLICTS OF LAW
PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH
DESIGNATED STATE/LOCALE AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL
JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH
YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR
PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases
involving copyright issues between us. Since we make no warranties and
have limited our liabilities, you should have little reason to have a
grievance with us. Should you nevertheless bring legal action against us,
you irrevocably agree it will be brought and maintained within one (1)
year after the claim arises or be barred. As disincentive for unwarranted
litigation, you agree that if you sue us and don't win on the merits, you
will pay our defense costs, including reasonable legal fees for in-house
and outside counsel. If we are required to enforce this Agreement or our
rights, you agree it is reasonable to send you legal notices and papers by
electronic mail at your stated address (we would also attempt to send you
a backup copy by regular mail).
TECHNOLOGY & DATA TRANSFER.
Technology Transfer. The transport of technology, technical data and
information across national boundaries is regulated by the U.S. and
certain foreign governments. You agree not to directly or indirectly
export or re-export any information, software or technology obtained from
or through the Service that requires an export license or governmental
approval without first obtaining that license or approval. This provision
will survive termination of our Agreement.
European Union Residents. If you reside in the European Union (EU) or if
any transfer of information between you and our Service is governed by the
European Union Data Protection Directive or nationals laws implementing
that Directive, then you consent to the transfer of such information
outside of the European Union to your country and to such other countries
as may be contemplated by the features and activities provided by the
Service.
U.S. GOVERNMENT RESTRICTED RIGHTS.
To the extent used by U.S. government personnel: this is a computer data
base that constitutes restricted computer software and is provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is
subject to restrictions as set forth in the Commercial Computer Software
clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software- Restricted Rights clause at 48 CFR
52.227-19, as applicable. Contractor is U.S. Funweb Networks, 5392 Blue
Sage Drive, Palmdale, CA 93552.
RELATIONSHIP OF PARTIES.
There are no third party beneficiaries of this Agreement. The parties are
independent to one another and are not related by franchise, partnership,
employment, joint venture or otherwise. This Service is not a party to any
transaction between you and any third party advertisers or suppliers. You
will look solely to the third party for all claims regarding their goods,
services or information.
RIGHT TO RELY ON INSTRUCTIONS.
The Service may act in reliance upon any instruction, information,
document, filing, name, email address or user password that meets the
Service's automated criteria or which is believed by the Service's
personnel to be genuine. For any password protected areas, the Service may
assume a person entering a user name address and associated password is,
in fact, that user or is authorized by that user to act on its behalf. The
Service may assume the latest email addresses and registration information
on file with the Service are accurate and current. When programmed to do
so, the Service may take prescribed actions in the absence of receiving
proper and complete contrary instructions.
CHANGES TO SERVICE.
We reserve the right to modify, change or discontinue the Service or any
feature at any time without notice. You agree that the Service is not
liable to you or to any third party as a result of any such action. We
invite users to make suggestions for ways that the Service can be
improved. If you make a suggestion, you authorize us to use the idea and
to publish your name in connection with the submission. We do not pay
compensation for using submissions.
TERMINATION.
Either party may terminate this Agreement in their sole discretion, at any
time with or without cause and regardless of the stated registration
period otherwise applicable. We reserve the right to suspend or terminate
operation of this Service, or any feature of this Service, at any time
upon notice. Protections afforded to us and to third parties by this
Agreement will survive termination. If this Agreement is suspended or
terminated as a result of unauthorized use or infringement of rights to
Content obtained from the System, you agree that upon request, you will
destroy all copies of such Content in your possession or under your
control.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents are
entitled to the following specific consumer rights information.
Pricing Information: Current rates for using the Service may be obtained
by calling (***Service Phone Number***). The Service reserves the right to
change fees, surcharges or to institute new fees at any time, as provided
in this Agreement.
Complaints: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be contacted
in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by
telephone at (916) 445-1254.
MISCELLANEOUS.
This document reflects our entire and exclusive agreement and supersedes
all other agreements regarding this subject matter, whether written or
verbal. We reserve the right to change this Agreement at any time by
posting a new version on the Service. Your continued use of this Service
after the effective date of such amendment will constitute your acceptance
of it. Any other amendment to this Agreement shall be in a pen-and-ink
signed writing, regardless of any course of conduct or trade practice
between us. This electronic document or a hardcopy duplicate in good form
shall be considered an original document admissible into evidence unless
the document's authenticity is genuinely placed in question. We reserve
the right to assign this Agreement or delegate responsibility to any third
party, including a party acquiring any of our operating assets or
ownership interests. All licenses or permissions granted to you by this
Agreement are personal in nature and may not be assigned, sublicensed or
otherwise transferred and any attempt to the contrary is void. Any
provision of this Agreement found by a court to be illegal or
unenforceable shall automatically be deemed conformed to the minimum
requirements of law and shall thereupon be given full force and effect as
so modified. Waiver of a provision in one instance shall not preclude our
enforcement of it on future occasions. Headings are for reference purposes
only and have no substantive effect.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.
If you believe content on our Service infringes your copyrighted work and
you want the Service to take down the offending material, you will need to
complete the following Notice of Copyright Infringement and mail or fax it
to our Registered Agent (do not use this procedure for any other kind of
communication):
Mail or Fax it to us:
Allen Nance, Customer Relations
U.S. Funweb Networks
5392 Blue Sage Drive, Palmdale, CA 93552
Fax it to: 520.569.5627
of Copyright Infringement
I certify under the penalty of perjury that I own or am authorized to act
on behalf of the owner of the copyrighted work identified below. I believe
in good faith that the copyrighted work has been used on your Service
without authorization by the owner, its agents or according to law. I ask
that you remove or block access to the infringing material.
Name of Copyright Owner:
Description of Copyrighted Work:
Description of Infringing Material:
Location of Infringing Material:
I can be contacted as follows:
My Name:
My Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:
I certify under the penalties of perjury that the foregoing is true and
correct to the best of my information, knowledge and belief.
Signed:
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