CommonMan Group Terms of Service
The effective date of this Agreement is June 1, 2008.
By using the CommonMan Group Services (the "Services") which are owned and operated by Gossamer Marketing, Inc ("Gossamer") and by accessing the CommonMan Group Site located at http://forum.commonmangroup.com (the "Site"), and all linked pages owned and operated by Gossamer Marketing, Inc (the "Gossamer Sites"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service").
Gossamer's on-line services which are available at the Site will, among other things, allow you to post messages viewable by other members and the general public, post Personal Messages viewable by members you specify and view messages posted by other members. These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Services. Please read these Terms of Service carefully. Your access to or use of the Services constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Services, do not access or use the Services.
1. Eligibility.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of CommonMan Group or use the Site and Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act(COPPA). By using the Site and/or Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The CommonMan Group website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.
2. Changes to the Agreement or the Services.
You agree and understand that these Terms of Service, the Site and the Services may be modified by Gossamer at any time without prior notice, and such modifications will be effective upon Gossamer's posting of the new terms and/or upon implementation of the new changes on the Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Services after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Gossamer, any new features, new services, enhancements or modifications to the Services implemented after your initial access to the Services shall be subject to these Terms of Service.
3. Registration and Security.
In order to use or access some of the Services, you may be required to register with the Site and to select a password and user name ("User ID"), which shall require access to an email address you own and use. If you register, you agree to provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Gossamer reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Services shall be for your personal use only.
4. Use of the Site/Services by Members.
Subject to the restrictions on use and on posting set forth in this Agreement, you may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Services ("Content"), and other items displayed on the Site, for your own use. You may not copy or distribute any portion of the Site and/or Services for any purpose not authorized above without the express written permission of Gossamer. Gossamer does not control the Content posted by third parties via the Services, including the content of any messages, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Gossamer be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
5. Restrictions on Rights to Use.
You agree that you shall not (and you agree not to allow any third party to):
modify, adapt, translate, or reverse engineer any portion of the Site and/or Service;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Services or in or on any Content or other material obtained via the Site and/or Service;
collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to communicate with other members as part of the Service;
reformat or frame any portion of the web pages that are part of the Site and/or Service;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit unwanted electronic communications such as "spam" to other users or members of the Site and/or Services or otherwise interfere with other user's or member's enjoyment of the Site and/or Service;
transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
copy or store any Content offered on the Site for other than your own use;
use any device, software or routine that interferes with the proper working of the Site and/or Service, or otherwise attempt to interfere with the proper working of the Site and/or Service;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
use the Site and/ or Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
6. Content Posted By You on the Site.
You are solely responsible for any Content and other material that you submit, publish or display on the Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by Gossamer.
You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
You understand and agree that Gossamer may review and delete any Posted Content that in the sole judgment of Gossamer violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.
By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Gossamer, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive.
The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Site. Gossamer reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or Site. You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to users of the Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
- seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
7. Venue Only.
If you enter into correspondence or engage in transactions or relationships with third parties in connection with your use of the Service, such activity is solely between you and the applicable third party. Gossamer shall have no liability, obligation or responsibility for any such activity. You hereby release Gossamer from all claims arising from such activity.
8. Privacy.
Use of the Site and/or the Services is also governed by our Privacy Policy, a copy of which is currently located at http://forum.commonmangroup.com/privacy.php
9. Ownership.
The Site and Services (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Site and Services are also copyrighted works. Except for the Content submitted by members or users, the Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Gossamer or its licensors. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Gossamer's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Site, or Services in whole or in part except as expressly provided in Gossamer's policies and procedures made available via the Service. Except as expressly and unambiguously provided herein, Gossamer and its suppliers do not grant you any express or implied rights, and all rights in the Services not expressly granted by Gossamer to you are retained by Gossamer.
10. Disclaimer.
THE SITE IS PROVIDED BY GOSSAMER ON AN "AS IS" BASIS. GOSSAMER AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SITE, SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR IN ASSOCIATION WITH THE SERVICESS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOSSAMER AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOSSAMER AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOSSAMER IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE SITE. GOSSAMER does not warrant or covenant that the Services will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Services is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM GOSSAMER, THE SITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
11. Limitation on Liability.
Gossamer shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Gossamer's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, GOSSAMER AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOSSAMER'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO COMMONMAN FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
12. Indemnity.
You agree to indemnify and hold Gossamer, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
13. Miscellaneous.
If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Georgia, City of Atlanta. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Gossamer in any respect whatsoever. Gossamer may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Services. These Terms of Service, accepted upon use of the Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Gossamer regarding the use of the Site and/or the Services. The failure of Gossamer to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with Gossamer's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include Gossamer's acceptable use policy for Content posted on the Site, Gossamer's Privacy Policy, and any notices regarding the Site.
14. Contact and Violations.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to admin@commonmangroup.com.
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