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Terms of Service

Submitted by goatseeker on Mon, 09/18/2006 - 12:46pm.

By using Goatseeker's system, you are agreeing to the following terms and conditions ("Terms of Service").

DESCRIPTION OF SERVICE

Goatseeker makes available a collection of resources to registered account holders ("Members") or site visitors ("Guests"), including forums, comments, articles, and other various services (collectively known as the “Service”).

In order to use the Service, even in any closed or open beta stages, including new services or functionality that may be made available by Goatseeker from time to time, Members and Guests must abide by these Terms of Service. If a user fails to follow these rules, Goatseeker can discontinue their ability to use the Service. In addition, we have the right to delete your postings without notice if we see evidence of abuse or other inappropriate activity.

CONDUCT

  • You are solely responsible for your conduct and any data, text, information, screen names, links, graphics, photos, profiles, audio and video clips, and links (“Content”) that you submit, post and display via the Service;
  • You must not abuse, harass, threaten or intimidate other Members or others who use the Service, nor may you upload, post or otherwise include any Content that is defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, or promotes any act of cruelty to animals;
  • You must not impersonate another Member or any official of Goatseeker
  • You cannot use the Service for any illegal or unauthorized purpose, or to promote or make solicitations for any illegal or unauthorized activity;
  • You cannot use the Service to distribute, share or solicit Content belonging to third parties without proper authorization from the owner(s) of that Content. You must respect the proprietary and intellectual property rights of others (including trademark, copyright and trade secrecy) in submitting Content
  • You must not, in the use of Goatseeker, violate any Federal, state or local laws. If you are creating Content outside of the United States, you must comply with all local laws regarding online conduct and acceptable content;
  • You cannot modify, adapt or hack the Goatseeker website or any Content that is not yours;
  • You cannot create or submit spam to any Guests or registered users of Goatseeker;
  • You cannot transmit or link to any worms or viruses or any code of a destructive nature;
  • You cannot transmit content in breach of a confidentiality or fiduciary obligation you may have;
  • You cannot attempt to automatically redirect surfers to other domains, mislead surfers of the origins of the Content contained in your submissions, or use your submissions as storage for remote loading or redirection to a website outside of the Goatseeker website;
  • You cannot interfere with or disrupt the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • You cannot collect or store personal data about other users.
  • You cannot use the Service to promote competing services.

CONTENT OWNERSHIP

As a Member or Guest, you will be able to post various forms of Content into your submissions. Goatseeker does not claim ownership of the Content you submit to Goatseeker. The Content will be owned by you or a third party from whom you got permission to post the content. By placing Content on Goatseeker, however, you grant Goatseeker a worldwide, royalty-free, and non-exclusive license, for as long as your Content is displayed on Goatseeker, to reproduce, display, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content on Goatseeker. Goatseeker may preserve and store Content, and may also disclose Content if required to do so by law or if Goatseeker believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Goatseeker, its users and the public.

The Member or Guest who posts content, and not Goatseeker, will be fully responsible for all Content that is uploaded, posted, transmitted or otherwise made available by the Membor or Guest in his or her postings. Goatseeker cannot guarantee the accuracy, integrity or quality of such Content. Goatseeker does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content in a posting for any reason, including Content that may violate these Terms, or that is otherwise objectionable. Goatseeker also cannot take responsibility for anything that surfers may do in reliance on the Content you post. Bottom line: put it on Goatseeker, and you're responsible.

EXTERNAL LINKS

Contributed Content may include links to other sites or resources. Goatseeker has no control over those sites and resources, and therefore you acknowledge and agree that Goatseeker 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, or for any damages caused or alleged to be caused by or in relation to such Content, goods or services.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

Goatseeker CAN MODIFY OR DISCONTINUE THE SERVICE

Goatseeker reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, without liability to you or any third party.

Goatseeker CAN TERMINATE THE SERVICE

Goatseeker, in its sole discretion, may terminate your password, account or use of or access to the Service and remove and discard any Content, for any reason. Some of the more likely reasons for termination are inaccurate information in the registration form, harassment of other Members or Guests, hacking the Service, illegal transactions via Goatseeker, and otherwise acting in violation of the terms or the spirit of these Terms of Service or other policies. If Goatseeker terminates your use of the Service, then your Content may be immediately taken down, and your account (if any) may be closed. In this event, Goatseeker will not be responsible to you or any third party for any termination of your access to the Service.

DISCLAIMER OF WARRANTIES

The Service is provided on an "as is" and "as available" basis. You expressly understand and agree that your use of the Service is at your sole risk. Goatseeker expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Goatseeker makes no warranty that the service will be uninterrupted, timely, secure, or error-free, or that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the software will be corrected.

LIMITATION OF LIABILITY

You expressly understand and agree that Goatseeker will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service.

MISCELLANEOUS TERMS

These Terms of Service and the relationship between you and Goatseeker will be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of Goatseeker to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. These Terms of Service, together with any other agreements incorporated by reference in these Terms of Service or entered into between you and Goatseeker in connection with your registration as a Member, constitute the entire agreement between you and Goatseeker and govern your use of the Service, superseding any prior agreements between you and Goatseeker. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Goatseeker services, third-party content or third-party software. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.