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ACCEPTANCE OF TERMS.
The services that Creative Zone Enterprises, LLC and
any subsidiaries and affiliates (collectively referred
to as "Creative Zone") provide to you
under the domain and sub-domains (collectively referred
to as "Goobi") of Goobi.com (including and any other
websites that are controlled, operated by, or otherwise
affiliated with Creative Zone) are
subject to the following Agreement ("Agreement"). If you
do not agree to be bound by the terms and conditions of
this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms
and conditions contained in this Agreement, which
include those terms and conditions expressly set out
below and those incorporated by reference, before you
may use any Creative Zone services. Any
personally identifiable information that has been
collected from you will immediately be removed from our
system if you have not actively accepted these terms and
conditions within twenty-four (24) hours of such
collection.
Creative Zone reserves the right to
update the Agreement at any time without notice to you.
The most current version of the Agreement can be
reviewed by clicking on the "Disclosures" hypertext link
located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through the Goobi Website, Creative Zone provides you with access to a variety
of resources, including the purchase of items
(collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition
of any new Web properties, are subject to the Agreement.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for
your personal and non-commercial use. You may not use
for any commercial purpose, disclose, modify, copy,
distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from,
transfer, or sell any information, software, products or
services obtained from the Services.
PROHIBITION OF SPIDERS, ROBOTS AND SCRAPERS
Except for general purpose search engines (i.e.
Google, Yahoo, Altavista, MetaCrawler, Iwon, FAST, Ask
Jeeves, Inktomi, About, Looksmart, FindWhat, Overture,
Teoma, etc.) that do not provide any services that
compete in any way with the Services provided by the
Goobi Website, your access to the Goobi Website shall be
limited to a single, non-automated, connection at any
given time. The Goobi Website may contain robot
exclusion headers, and much of the information on the
Goobi Website is proprietary to Creative Zone or is licensed to Creative
Zone by its users or third parties. Except
as otherwise provided, THE USE OF SPIDERS, ROBOTS,
SCRAPERS OR ANY OTHER MEANS, WHETHER THROUGH THE USE OF
AUTOMATED SOFTWARE OR THROUGH A PHYSICAL OR MECHANICAL
SYSTEM, OF OBTAINING MULTIPLE CONNECTIONS OR AUTOMATED
ACCESS TO THE Goobi WEBSITE FOR YOURSELF OR ON BEHALF OF
OR IN COMBINATION WITH OTHERS IS STRICTLY PROHIBITED.
You agree that you will not: (i) take any action that
imposes, or may impose in Creative Zone's sole discretion, an
unreasonable or disproportionately large load on the infrastructure of
the Goobi Website; (ii) interfere or attempt to interfere with the
proper working of the Goobi Website or any activities conducted on the
Goobi Website; or (iii) bypass Creative Zone's robot
exclusion headers or other measures Creative Zone may use to prevent or restrict access
to the Goobi Website.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will
not use the Services for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You
may not use the services in any manner that could
damage, disable, overburden, or impair any Creative Zone server, or the network(s) connected to
any Creative Zone server, or interfere
with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer systems
or networks connected to any Creative Zone server or to any of the Services, through hacking,
password mining or any other means. You may not obtain
or attempt to obtain any materials or information
through any means not intentionally made available
through the Services.
MATERIALS PROVIDED TO CREATIVE ZONE.
Creative Zone does not claim
ownership of the materials you provide to Creative Zone (including feedback and suggestions) or
post, upload, input or submit to any Services or its
associated services for review by the general public,
(each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting
Creative Zone, its affiliated companies
and necessary sub licensees permission to use your
Submission in connection with the operation of their
Internet businesses (including, without limitation, all
Creative Zone Services), including,
without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your
Submission; to publish your name in connection with your
Submission; and the right to sublicense such rights to
any supplier of the Services.
No compensation will be paid with respect to the use of
your Submission, as provided herein. Creative Zone is under no obligation to post or use
any Submission you may provide and Creative Zone may remove any Submission at any time
in its sole discretion.
By Posting a Submission you warrant and represent that
you own or otherwise control all of the rights to your
Submission as described in this Agreement including,
without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in
whole or in part ("Images"), you warrant and represent
that (a) you are the copyright owner of such Images, or
that the copyright owner of such Images has granted you
permission to use such Images or any content and/or
images contained in such Images consistent with the
manner and purpose of your use and as otherwise
permitted by this Agreement and the Services, (b) you
have the rights necessary to grant the licenses and
sublicenses described in this Agreement, and (c) that
each person depicted in such Images, if any, has
provided consent to the use of the Images as set forth
in this Agreement, including, by way of example, and not
as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, you are
granting to the general public permission to use your
Images in connection with the use, as permitted by this
Agreement, of any of the Services, and including,
without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit,
translate and reformat your Images without having your
name attached to such Images, and the right to
sublicense such rights to any supplier of the Services.
The licenses granted in the preceding sentences for a
Images will terminate at the time you completely remove
such Images from the Services, provided that, such
termination shall not affect any licenses granted in
connection with such Images prior to the time you
completely remove such Images. No compensation will be
paid with respect to the use of your Images.
GENERAL DISCLAIMER OF WARRANTY
CREATIVE ZONE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE. YOU ACCESS AND USE GOOBI SERVICES AND WEB SITES AT
YOUR OWN RISK. IN NO EVENT SHALL CREATIVE ZONE,
ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS (COLLECTIVELY, "CREATIVE
ZONE") BE LIABLE
FOR:
- (I) ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE
CREATIVE ZONE SERVICE, PRODUCT OR ANY INFORMATION PROVIDED ON THE GOOBI WEB SITE
OR ANY OTHER HYPER LINKED WEB SITE, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT,
NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT CREATIVE ZONE OR A CREATIVE ZONE AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR
- (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN CREATIVE ZONE
SERVICES OR WEB SITES OR ANY HYPER LINKED WEB SITE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN SUCH JURISDICTIONS, CREATIVE ZONE'S
LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS
PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED
REMEDY.
Additionally, Creative Zone is not responsible for
any damages that may arise from any use of, inability to
use, or reliance on the Goobi Website and/or the items
and materials contained on the Goobi Website whether the
items and materials contained on the site are provided
by Creative Zone, or a third party.
Without limiting the foregoing, and unless provided
otherwise in writing, everything on the Goobi Website is
provided to you AS IS, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. CREATIVE ZONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. Some states do not allow limitations
on implied warranties, so the above limitation may not
apply to you. Information on the Goobi Website may
contain technical inaccuracies or typographical errors.
Creative Zone does not guarantee the
accuracy or completeness of the information contained in
the Goobi Website. Creative Zone may
make updates, improvements and/or changes in the
information contained on the Goobi Website and/or
products provided by Creative Zone at
any time without notice.
INDEMNIFICATION
You agree to indemnify and hold Creative Zone and (as applicable) any parent,
subsidiaries, affiliates, officers, directors, agents,
and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of this
Agreement or any terms and conditions it incorporates by
reference, or your violation of any law or the rights of
a third party.
WAIVER
The failure of Creative Zone to
enforce any provision of this Agreement shall not be
construed as a waiver or limitation of Creative Zone's right subsequently to enforce and
compel strict compliance with every provision of this
Agreement.
FORCE MAJEURE
Neither party shall be
liable hereunder by reason of any failure or delay in the performance of
its obligations hereunder on account of strikes, shortages, riots,
insurrection, fires, flood, storm, explosions, acts of God, war,
governmental action, labor conditions, earthquakes or any other cause
which is beyond the reasonable control of such party.
REMEDIES
You acknowledge that violation of this Agreement
could cause irreparable harm for which monetary damages
may be difficult to ascertain or an inadequate remedy.
You therefore, agree that Creative Zone
shall be entitled, in addition to its other rights, to
seek and obtain injunctive relief for any violation of
this Agreement without the filing or posting of any bond
or surety. Furthermore, in the event a lawsuit or action
is brought by any party under this Agreement to enforce
any of its terms, it is agreed that if Creative Zone shall be deemed to be the prevailing
party as determined by final judgment, not subject to
appeal, of a court of competent jurisdiction, Creative Zone shall be entitled to recovery of
reasonable attorney's fees, expert fees, litigation
expenses and court costs in addition to any other relief
granted by the court.
GOVERNING LAW, JURISDICTION AND VENUE
This Agreement shall be interpreted under and
governed by the laws of the State of California without
giving effect to such state's conflicts of laws
principles or provisions. Any action brought pursuant to
this Agreement, or as a result of your use of or access
to the Goobi Website in any way, shall be brought in the
courts of the state of California, and you hereby waive any
challenges to jurisdiction and venue for any such action
brought by Creative Zone.
SEVERABILITY
If any term or provision in this Agreement is found
to be void, against public policy, or unenforceable by a
court of competent jurisdiction and such finding or
order becomes final and non-appealable, then, the
offending provision shall be deemed modified to the
extent necessary to make it valid and enforceable. If
the offending provision cannot be so modified, then the
same shall be deemed stricken here from in its entirety,
and unless such term or provision is material to the
performance of this Agreement, the remainder of this
Agreement shall survive with the said offending
provision eliminated.
ANNOUNCEMENTS
Creative Zone press releases,
announcements, and posting to this and other web sites contain forward
looking statements that involve risk and uncertainties.
CLAIMS OF COPYRIGHT INFRINGEMENT
Creative Zone is committed to the
protection of intellectual property rights of third
parties and will remove infringing or unlicensed
materials once an authorized representative of a
copyrights owner properly reports an act of infringement
to us. Additionally, Creative Zone
reserves the right to terminate access to users who are
repeat copyright infringers. Pursuant to section 512 of
the Digital Millennium Copyright Act of 1998 (17 U.S.C.
512), Creative Zone's Registered Agent
for notification of claims of copyright infringement is
as follows:
Webmaster
email:wmaster@Goobi.com
This information is provided to help copyright owners
report potentially infringing materials posted by users
of the Creative Zone. If you are a
copyright owner, or the authorized representative of a
copyright owner, and you believe that text and/or images
posted on one of the Goobi Websites infringes upon your
copyrights, you may report such allegations to our
Registered Agent.
To be proper, notification of a claim of copyright
infringement must include:
a) a physical or electronic signature of a person
authorized to act on behalf of the copyright owner;
b) a list identifying works claimed to have been
infringed;
c) identification of the material that is claimed to be
infringing or to be the subject of the infringing
activity, and information reasonably sufficient to
permit Creative Zone to locate the
material;
d) contact information of the complaining party (i.e.
address, phone number, email);
e) a statement that the complaining party has a good
faith belief that use of the material in the manner
complained of is not authorized by the copyright owner,
its agent, or the law; and
f) a statement that the information in the notification
is accurate, under penalty of perjury, that the
complaining party is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
If proper notification of a claim of copyright
infringement is received, Creative Zone
will remove or otherwise disable access to the allegedly
infringing materials. Additionally, Creative Zone will take reasonable steps to promptly
notify the user that posted the material that such
material has been removed. Creative Zone will give the user the opportunity to provide
counter-notification to the claim of infringement.
Proper counter-notification must include:
a) a physical or electronic signature of the user;
b) identification of the material that has been removed
and the location at which the material appeared before
it was removed;
c) a statement under penalty of perjury that the user
has a good faith belief that the material was removed as
a result of mistake or misidentification of the
material.
d) The user's name, address, telephone number, and a
statement that the user consents to jurisdiction of the
Federal District Court for the judicial district in
which the address is located, or if the user's address
is outside the United States, for any judicial district
in which Creative Zone may be found,
and that the user will accept service of process from
the complaining party or its agent.
If Creative Zone receives proper
counter-notification, a copy of the counter-notification
will be provided to the complaining party who provided
the original notification of alleged infringement.
Unless Creative Zone is notified by the
complaining party that an action seeking a court order
to restrain the user from committing the allegedly
infringing activity has been filed, and absent any
further reason for removal, Creative Zone will replace, or re-enable access to, the removed
material in not less than 10, nor more than 14 business
days following receipt of the counter-notification.
ADDITIONAL TERMS
Any access to or use of the Goobi Website shall be
deemed your agreement to and approval of all the terms
and conditions contained in this Agreement. In addition,
when using particular services on the Goobi Website, you
agree that you are subject to any posted policies or
rules applicable to the services you use, which may be
posted from time to time. All such posted policies or
rules are hereby incorporated by reference into this
Agreement. If you have any questions or comments, please
contact us.
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