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Terms of use & Copyright Notice
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and may not be copied without the express permission of gorally.net,
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Quoting
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gorally.net Terms of Service Agreement
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General Terms: By using the Service, you agree to be legally bound and to
abide by the Terms of Service, just as if you had signed this Agreement.
gorally.net may, at it's sole discretion
and without prior notice or liability discontinue or alter any aspect of the
Service, including, but not limited to,(i) restricting the time of
availability,(ii) restricting the availability and/or scope of the Service for
certain platforms(i.e., computer types and operating systems),(iii)
restricting the amount of use permitted, and(iv) restricting or terminating
any User's right to use the Service.
You are responsible for all charges(e.g., telephone) associated with connecting to the
Service through an available access number. You are also responsible for
obtaining or providing all telephone access lines, telephone and computer
equipment(including modem), or other access device, necessary to access the
Service. You further certify that you are an individual(e.g., not a
corporation).
You acknowledge that the Service
contains information, software, photos, video, graphics, music, sounds or
other material(collectively, "Content") that are protected by copyrights,
trademarks, trade secrets or other proprietary rights, and that these rights
are valid and protected in all forms, media and Technology existing now or
hereinafter developed. All Content is copyrighted as a collective work under
the U.S. copyright laws, and gorally.net owns a copyright in the
selection, coordination, arrangement and enhancement of such Content. You may
not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the Content, in whole or in
part. You may not upload, post, reproduce or distribute Content protected by
copyright, or other proprietary right, without obtaining permission of the
copyright owner.
gorally.net, and
related logos are trademarks of gorally.net All trademarks
appearing on the Service are trademarks of their respective owners.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU AGREE THAT USE OF
THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR
PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT
LIMITATION ANY gorally.net SOFTWARE LICENSED TO YOU AND THE
RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, gorally.net
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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, 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. YOU SPECIFICALLY ACKNOWLEDGE THAT gorally.net
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 YOU.
NEITHER gorally.net NOR
ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT
PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN
ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
THE SERVICE.
You agree to indemnify and hold
gorally.net its partners, agents, affiliates and content
partners harmless from any dispute which may arise from a breach of terms of
this Agreement. You agree to hold gorally.net harmless from any
claims and expenses, including reasonable attorney's fees and court costs,
related to Customer's violation of this Agreement, including the Terms of
Service or any Content placed on the Service by you.
- Miscellaneous: This Agreement shall be construed and controlled by the
laws of the Commonwealth of Massachusetts. Further, any dispute arising from
the terms of this agreement or a breach of this Agreement will be governed by
the laws of the Commonwealth of Massachusetts. Customer agrees to personal
jurisdiction by the state and federal courts sitting in the Commonwealth of
Massachusetts.
This Agreement constitutes the
entire agreement between the parties with respect to the subject matter
contained herein and supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral between gorally.net
representatives and you. gorally.net may amend or modify
this Agreement or impose new conditions at any time upon notice from gorally.net
to Customer as published through the Service. Any use of the
Service by you after such notice shall be deemed to constitute acceptance by
you of such amendments, modifications or new conditions.
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