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| TERMS AND
CONDITIONS: |
This page states the Terms and Conditions
(the "General Terms" or the "Agreement") under which any User ("User") may use
this Web Site located at http://www.Greenhooks.com (this "Web Site"). Please
read this page carefully. By accessing and using this Web Site, User accepts and
agrees to be bound, without modification, limitation or qualification, by these
Terms. If User does not accept any of the Terms stated here, User must not use
this Web Site. The right to access and use this Web Site is not transferable to
any person or entity. Greenhooks.com (This website, the administrators, and all
affilates) may, at its sole discretion, modify or revise these Terms at any time
by updating this posting. Users are bound by any such modification or revision
and should therefore visit the Terms & Conditions page periodically to review
the Terms.
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS,
AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON this Web Site.
REGISTRATION:
To gain a greater level of access, User will select a username and password.
Each User is expressly prohibited from using another User's username and
password without such person's authorization. Failure to comply with the
foregoing shall constitute a breach of this Agreement, which may result in
immediate termination of that User's access. Each User shall be solely
responsible for maintaining the confidentiality of their password. Each User
shall notify Greenhooks.com of any known or suspected unauthorized use(s) of
his/her account, or any known or suspected breach of security, including loss,
theft, or unauthorized disclosure of his/her confidential information.
COMMUNICATION:
Greenhooks.com reserves the right to send User's electronic mail for the purpose
of informing Members of changes or additions to this Web Site, this Agreement
and any other service provided by Greenhooks.com.
CHANGES:
Greenhooks.com reserves the right at any time and from time to time, to modify
or discontinue, temporarily or permanently, this Web Site and any and all
features and sections contained therein, without notice for any reason.
Greenhooks.com shall not be liable to any User or to any third party for any
such modification, suspension or discontinuance.
RIGHTS AND OWNERSHIP:
The contents of this Web Site, such as text, graphics, images, audio, video and
other material, as well as the underlying source code of this Web Site
("Material") are protected by copyright under both United States and foreign
laws, and are owned or controlled by Greenhooks.com or by third parties that
have licensed their Material to Greenhooks.com. Unauthorized use of the Material
may violate copyright, trademark, and other laws. User may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in
any way exploit, any of the Material, in whole or in part or reproduce, display,
publicly perform, distribute, or otherwise use the Material in any way for any
public or commercial purpose unless licensed or granted written permission.
Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of the
Material will be permitted without the express permission of Greenhooks.com and
the copyright owner. All rights are reserved.
LINKS:
Greenhooks.com, [or members] may provide links to third party websites in some
instances. These links are provided solely as a convenience to User and not as
an endorsement by Greenhooks.com of the contents on such third-party Web sites.
Greenhooks.com is not responsible for the content of linked third-party sites.
Greenhooks.com exercises no control whatsoever over such other websites and
web-based resources, does not make any representations regarding the content or
accuracy of materials on such third-party Web sites and is not responsible or
liable for the availability thereof or the content, advertising, products or
other materials contained thereon. Greenhooks.com shall not be responsible or
liable, directly or indirectly, for any damage or loss incurred or suffered by
any user in connection therewith. Users acknowledge their use of these third
party websites is at their sole risk.
REPRESENTATIONS AND WARRANTIES - LIABILITY DISCLAIMERS:
User represents, warrants and covenants that (a) they will use this Web Site for
lawful purposes only (b) no materials of any kind submitted through their
account which (i) violate or infringe in any way upon the rights of others, (ii)
are unlawful, threatening, abusive, defamatory, vulgar, obscene or profane in
the sole discretion of Greenhooks.com, (iii) encourage conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any law, or (iv) contains any advertising or solicitation with respect to
products or services (without the express prior written approval of
Greenhooks.com). The Material may contain inaccuracies or typographical errors.
Greenhooks.com makes no representations warranties or endorsements with regard
to the accuracy, reliability, completeness, or timeliness of the Material or
about the results to be obtained from using this Web Site and the Material.
Advice received via this Web site should not be relied upon for personal, legal
or financial decisions and User should consult an appropriate professional for
specific advice tailored to their situation.
USER EXPRESSLY AGREES THAT USE OF THIS WEB SITE IS AT USER'S SOLE RISK. NEITHER
GREENHOOKS.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS WEB SITE WILL RUN
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF this Web Site. this Web Site IS PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT GREENHOOKS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH USER.
INDEMNITY:
User agrees to defend, indemnify, and hold harmless Greenhooks.com, its
officers, directors, employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from any use of this Web Site and any Material contained
therein by User or through User's account, or by User's breach of the terms of
this Agreement. Greenhooks.com shall provide notice to User promptly of any such
claim, suit, or proceeding and shall assist User, at User's expense, in
defending any such claim, suit or proceeding. Greenhooks.com reserves the right,
at its own expense, to assume the exclusive defense and control of any matter
subject to indemnification by User.
SUBMISSIONS:
All information, data, text, software, music, sound, photographs, graphics,
video, messages or any other materials whatsoever (collectively, "User
Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such User Content originated. This means
that the User, and not greenhooks.com, is entirely responsible for all User
Content that he or she uploads, posts, emails or otherwise transmits via this
Web Site. No User shall transmit User Content or otherwise conduct or
participate in any activities on this Web Site which, in the opinion of
greenhooks.com counsel, are prohibited by law in applicable jurisdictions,
including, without limitation, material or activities which (1) infringe any
patent, trademark, copyright, trade secret or other proprietary right of any
party (the "Rights"), unless User is the owner of the rights or has the express
written permission of the owner to post or transmit such material to this Web
Site; (2) infringe on any other intellectual property rights of others or on the
privacy or publicity rights of others; (3) is obscene, defamatory, threatening,
harassing, abusive, hateful, embarrassing or otherwise objectionable to another
User or any other person or entity; (4) is sexually-explicit; (5) is an
advertisement or solicitation of business or advocates an unsolicited or
unrelated position or opinion; (6) represents any form of "chain letters" or
pyramid scheme; (7) impersonates another person or entity; (8) intentionally or
unintentionally violates any applicable local, state, national or international
law while using or accessing this Web Site or the Materials; or (9) contains a
virus, trojan, back door, logic bomb or any other form of malicious code. User
hereby waives all copyright, moral rights and any other right to any User
Content which he/she submits, and grants to greenhooks.com a royalty-free
perpetual irrevocable non-exclusive right and license to use, reproduce, modify
adapt, publish, translate perform, display and distribute such User Content, in
whole or in part, worldwide and/or to incorporate it in other works in any form,
media or technology now known or hereinafter developed for the full term of any
copyright in such User Content, and to sublicense such rights through multiple
tiers of sublicensees. Greenhooks.com has the right but not the obligation to
monitor submissions by Users, and reserves the right to modify, move or remove
any User Content at any time and for any reason in its sole discretion, as well
as the right to terminate User access to the Website for any reason in its sole
discretion including, without limitation, foul language, threats,
discriminatory, racist or abusive language, or any behavior which is deemed
objectionable by greenhooks.com. Users are responsible for their own
communications and are solely responsible for the consequences of posting any
User Content. Greenhooks.com does not screen communications in advance and is
not responsible for screening or monitoring material posted by Users. If
notified by a User about communications that allegedly do not conform to any
term of this Agreement, greenhooks.com may investigate the allegation and
determine in good faith and its sole discretion whether to remove or request the
removal of the communication. Greenhooks.com has no liability or responsibility
to Users for performance or non-performance of such activities. Greenhooks.com
reserves the right, in its sole discretion, to restrict Users access to this Web
Site for violating this Agreement or the law. Greenhooks.com also reserves the
right at all times to disclose any information as 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 Greenhooks.com's sole discretion.
GREENHOOKS.COM DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE
TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR ENDORSE ANY
OPINIONS EXPRESSED BY USERS. EACH USER ACKNOWLEDGES THAT ANY RELIANCE ON USER
CONTENT POSTED BY OTHER USERS WILL BE AT HIS/HER SOLE RISK.
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