2. User Obligations.
You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site and Services.
3. License Grant.
This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
4. Prohibited Activities.
The Site and the Services are not intended for children under the age of 13 and children under 13 should not use the Site or the Services. You acknowledge and agree that the Site and Services contain material that is protected by applicable intellectual property and other laws, and are the sole property of GDP or its content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not:
1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services;
2. Access the Site or Services by any means other than through the standard industry-accepted or GDP-provided interfaces;
3. Post or transmit any material that contains a virus or corrupted data;
4. Delete any author attributions, legal notices or proprietary designations or labels;
5. Violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these TOU;
6. Manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology;
7. Register, subscribe or unsubscribe any party for the Site or any of the Services, or any product or service if you are not expressly authorized by such party to do so;
8. Use the Site or the Services in any manner that could damage, disable, overburden or impair GDP’s servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services;
9. Gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to GDP through hacking, password mining or any other means;
10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without their consent;
11. Use the sites in any manner that could damage, disparage, or otherwise negatively impact GDP. In addition, you agree to comply with our Posting Guidelines below.
5. Message Boards, Chat Rooms, Comment Areas and Posting Guidelines.
GDP hosts message boards, chats, comment areas and other public forums on its Site and through the Services. Message boards, chats, comment areas and other public forums are intended to serve as discussion centers for users and subscribers of the Site. These are public forums and any information that you post on the Site or through the Services may be seen by anyone on the Internet. Any user will have the ability to edit or delete their own posts after posting. Both users and moderators are expected to
treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don't post rumors or negative opinions that are not supported by facts.
In addition to the prohibited activities described above, when posting information and media on the Site or through the Services you must not:
Post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Site;
Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
Post or upload personal information, pictures, videos or any other media of another person without their express permission;
Delete or revise any material posted by any other person or entity;
Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
Post statements or materials that in any way harm minors;
Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of GDP;
Post statements or materials that misrepresent your affiliation with any entity and/or GDP;
Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
Post material that in the sole judgment of GDP is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Site, or which may expose GDP or its users to harm or liability of any nature; or
Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. GDP does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats, comment areas or other public forums in the future. GDP or its designated agents may remove or alter any user-created content at any time for any reason, although GDP has not obligation to do so. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
GDP expressly disclaims all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will GDP, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of GDP, or any of its subsidiaries or affiliates.
GDP has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. We and our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, GDP and our moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms.
By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submission Materials"), or by posting such Submission Materials on the Site, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to GDP shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow GDP's use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
6. Commercial Transactions
Certain products or services may be offered for sale on the Site or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by GDP or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing GDP with your credit card number and associated payment information, you agree that GDP and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify GDP of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account.
7. Third Party Content.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site or any of the Services by third parties, including information providers, are those of the respective authors or distributors and not GDP. Neither GDP nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, GDP does not endorse nor is it responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Site or Services by anyone other than an authorized GDP representative while acting in his/her official capacity. You may be exposed through the Site or Services to content that violates our policies, or that you find to be offensive. You access the Site and Services at your own risk. We take no responsibility for your exposure to third party content on the Site or the Services.
8. Sweepstakes, Contests and Games.
If GDP conducts a sweepstake, contest, or game on the Site, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
9. Accounts, Passwords and Security.
If the Site or any of the Services requires you to open an account, you must complete the registration process by providing GDP with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to GDP which is untrue, inaccurate, not current or incomplete, GDP reserves the right to terminate your access and use of the Site and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify GDP immediately of any unauthorized use of your account or any other breach of security.
10. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Site and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that GDP shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
12. Disclaimer of Warranties.
THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GDP, ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITE(S) OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN.
13. Limitation of Liability.
NEITHER GDP NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF GDP TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITE AND/OR SERVICES. 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 and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
14. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by GDP infringe your copyright, you or your agent may send to GDP a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon GDP actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to GDP a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work that you claim has been infringed;
Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GDP's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: [XXX]; Telephone: [XXX]; E-mail for notice: [XXX]. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
15. Jurisdictional Issues.
GDP makes no representation or warranty that the content and materials on the Site or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. GDP reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
You agree that GDP, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
17. Governing Law.
These TOU and the relationship between you and GDP shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and GDP irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
18. Waiver and Severability.
The failure of GDP to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these TOU and shall not affect the validity and enforceability of any remaining provisions.
19. Successors and Assigns.
If GDP or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.
We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Site and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Services following such notice signifies your acceptance of the modified TOU and your use of new Services will be governed by these TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue the Site or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Services.