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1. ACCEPTANCE OF TERMS GMO Ltd. ("GMO") welcomes you. GMO provides its services to you subject to the following Terms of Service ("TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at http://www.globalmeetingonline.com/TermsofUSE.asp . In addition, when using particular / owned or operated services, you and GMO shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. GMO may also offer other services that are governed by different Terms of Service. 2. DESCRIPTION OF SERVICE GMO provides users with access to a rich collection of resources, including various communications tools, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for GMO to provide the Service. You also understand and agree that the Service may include certain communications from GMO, such as service announcements, administrative messages and the GMO Newsletter, and that these communications are considered part of GMO membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GMO properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that GMO assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GMO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GMO has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). GMO is concerned about the safety and privacy of all its users. For this reason. 4. GMO PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy@globalmeetingonline.com, or if you came from GMO Kids, then see our GMO Kids privacy policy at privacy@globalmeetingonline.com. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by GMO and its affiliates. 5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GMO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GMO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. MEMBER CONDUCT You understand that all information, data, text, photographs, graphics, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not GMO, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. GMO does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GMO be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
7. INTERSTATE NATURE OF COMMUNICATIONS ON GMO NETWORK When you register with GMO, you acknowledge that in using GMO services to send electronic communications (including but not limited to email, search queries, sending messages to GMO Chat or GMO Groups, uploading photos and files to GMO Photos or Briefcase, and other Internet activities). As a result, and also as a result of GMO's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmission. 8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. 9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE GMO does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you GMO the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the GMO network of properties that are intended by GMO to be available to the general public. By way of example, publicly accessible areas of the Service would included, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of GMO Groups that are limited to members, GMO services intended for private communication such as GMO Mail or areas off of the GMO network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by GMO. 10. INDEMNITY You agree to indemnify and hold GMO and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another. 11. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your GMO ID), use of the Service, or access to the Service. 12. MODIFICATIONS TO SERVICE GMO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GMO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 13. TERMINATION You agree that GMO may, under certain circumstances and without prior notice, immediately terminate your GMO Account. Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and barring of further use of the Service. Further, you agree that all terminations for cause shall be made in GMO's sole discretion and that GMO shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. 14. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service. You agree that GMO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 15. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GMO has no control over such sites and resources, you acknowledge and agree that GMO 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. You further acknowledge and agree that GMO 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, goods or services available on or through any such site or resource. 16. GMO PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by GMO or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
17. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT GMO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 GMOHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 19. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 20. NO THIRD-PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement. 21. NOTICE GMO may provide you with notices, including those regarding changes to the TOU, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed. 22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT GMO respects the intellectual property of others, and we ask our users to do the same. GMO may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GMO's Copyright Agent the following information:
GMO's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By email: copyright@globalmeetingonline.com 23. GENERAL INFORMATION Entire Agreement. The TOU constitutes the entire agreement between you and GMO and governs your use of the Service, superseding any prior agreements between you and GMO with respect to the Service. No Right of Survivorship and Non-Transferability. You agree that your GMO account is non-transferable and any rights to your GMO ID or contents within your account terminate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. 24. VIOLATIONS Please report any violations of the TOU to our privacy@globalmeetingonline.com group. |
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