Terms Of Use
Terms of Use
1. Acceptance of Terms
Carma Productions, Inc. (DBA GAYBORHOOD, AND/OR GCYP) provides its service (“Service”) to you, subject to the following Terms of Use (“Terms”), which may be updated from time to time without notice. You can review the most current version of the Terms at anytime at http://www.ourgcyp.com/content/terms-of-use.html By using the Service in any way, you are agreeing to comply with these Terms, any guidelines, etc. Should you become dissatisfied with Carma Productions, Inc, Gayborhood, and/or GCYP, in any way, your only recourse is to immediately discontinue use of Carma Productions, Inc., Gayborhood, and/or GCYP.
2. Copyright
You agree that you are only authorized to visit, view, and retain a copy of pages of Carma Productions, Inc., Gayborhood, and/or GCYP, for your own personal use and that you shall not duplicate, publish, modify, or otherwise distribute material on Carma Productions, Inc., Gayborhood, and/or GCYP for any commercial use, or for any other purpose other than described in these Terms.
3. Content
At times, information on Carma Productions, Inc., Gayborhood, and/or GCYP, may contain links to other websites; these sites are completely independent of Carma Productions, Inc., Gayborhood, and/or GCYP. Carma Productions, Inc., Gayborhood, and/or GCYP make no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risk associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Carma Productions, Inc., Gayborhood, and/or GCYP be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise made available via the Service. In no event shall Carma Productions, Inc. (CARMA PRODUCTIONS, INC., GAYBORHOOD, AND/OR GCYP), or any person or entity involved in creating Carma Productions, Inc., Gayborhood, and/or GCYP be liable for any direct, indirect, incidental, or consequential damages arising from your use or failure to use the website and the content contained herein. Carma Productions, Inc. shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither Carma Productions, Inc., nor any third party or data or content provider shall be liable in any way to your or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
4. Reviews and Conduct
You agree not to post, submit a review, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way;
that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
that impersonates any person or entity, including but not limited to a Carma Productions, Inc. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
that includes personal or identifying information about another person without that person’s explicit consent;
that is false, deceptive, misleading, deceitful, misinformation, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertising;
that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Carma Productions, Inc., Gayborhood, and/or GCYP sites which are not designated for such purposes or (2) emailed to Carma Productions, Inc., Gayborhood, and/or GCYP users who have requested not to be contacted about other services, products or commercial interests;
that includes links to commercial services or web sites, except as allowed in “services”;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
Contact anyone who has asked not to be contacted;
“stalk” or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
used automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service (exception is made for internet search engines and non-commercial public archives that comply with our robots.txt file;
post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to Carma Productions, Inc., Gayborhood, and/or GCYP’s computer systems, servers, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Carma Productions, Inc., Gayborhood, and/or GCYP website.
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to Carma Productions, Inc., Gayborhood, and/or GCYP email address, email addresses found on the Carma Productions, Inc., Gayborhood, and/or GCYP website, or through Carma Productions, Inc., Gayborhood, and/or GCYP computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Georgia. Such violations may subject the sender or his or her agents to civil and criminal penalties.
6. Limitations on Service
You acknowledge that Carma Productions, Inc., Gayborhood, and/or GCYP may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of reviews and postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Carma Productions, Inc., Gayborhood, and/or GCYP have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Carma Productions, Inc., Gayborhood, and/or GCYP reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Carma Productions, Inc., Gayborhood, and/or GCYP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. Termination of Service
You agree that Carma Productions, Inc., Gayborhood, and/or GCYP, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove or discard any Content, within the Service, for any reason, including without limitation to, if Carma Productions, Inc., Gayborhood, and/or GCYP believes that you have acted inconsistently with the letter and spirit of the Terms. Further, you agree that Carma Productions, Inc., Gayborhood, and/or GCYP shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
8. Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in Sponsor advertisements or copyrights, trademarks, service marks, patents, or other proprietary rights and laws protect information presented to you through the Service or advertisers. Except as expressly authorized by Carma Productions, Inc., Gayborhood, and/or GCYP or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, exploit for any commercial purposes or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Carma Productions, Inc., Gayborhood, and/or GCYP for use in accessing the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
Content that is submitted to Carma Productions, Inc., Gayborhood, and/or GCYP shall be owned exclusively and in perpetuity by Carma Productions, Inc., Gayborhood, and/or GCYP. Such exclusive ownership means that Carma Productions, Inc., Gayborhood, and/or GCYP, its parent, subsidiary, and/or affiliate companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, create derivative works of, incorporate into other works, and distribute any and all materials and communications regarding and including submitted Content.
9. Disclaimer of Warranties
You expressly understand and agree that use of the Carma Productions, Inc., Gayborhood, and/or GCYP site and Service is entirely at your own risk. The Carma Productions, Inc., Gayborhood, and/or GCYP site and the services are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including without limitation to, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Carma Productions, Inc., Gayborhood, and/or GCYP disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Carma Productions, Inc., Gayborhood, and/or GCYP site and the Service. To the fullest extent permitted by law, Carma Productions, Inc., Gayborhood, and/or GCYP disclaims any warranties for other services or goods received through or advertised on the Carma Productions, Inc., Gayborhood, and/or GCYP site or the sites or service, or accessed through any links on the Carma Productions, Inc., Gayborhood, and/or GCYP site. Any material downloaded or otherwise obtained through the use of the service is done at your discretion and risk and that 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 you from Carma Productions, Inc., Gayborhood, and/or GCYP or through or from the service shall create any warranty not expressly stated in the terms. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. Limitations of Liability
You expressly understand and agree that Carma Productions, Inc., Gayborhood, and/or GCYP shall not be liable to you for direct, indirect, incidental, special, consequential or exemplary damages including but limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Carma Productions, Inc., Gayborhood, and/or GCYP has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmission or data; (iv) statements or conduct of any third party on the Service; OR (v) any other matter relating to the Service. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
11. Indemnity
You agree to indemnify and hold Carma Productions, Inc., Gayborhood, and/or GCYP, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Reviews / Postings are not endorsed by Carma Productions, Inc., Gayborhood, and/or GCYP. Reviews do not reflect the views of Carma Productions, Inc., Gayborhood, and/or GCYP, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers or employees. Carma Productions, Inc., Gayborhood, and/or GCYP, does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
12. Notice and Procedure for making claims of copyright or other Intellectual Property infringement
Carma Productions, Inc., Gayborhood, and/or GCYP, respects the intellectual property of others and we ask our users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please Contact Us and provide the following Notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the Carma Productions, Inc., Gayborhood, and/or GCYP site that you claim is infringing with enough detail so that we may locate it on the website;
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;
A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and your physical or electronic signature.
13. Information on the Website
While every effort is made to update the information contained on Carma Productions, Inc., Gayborhood, and/or GCYP.com neither the Website Owner nor any third parties, data, or content provider make any representation or warranties, whether express, implied by law or residual, as to the order, accuracy, completeness or reliability of information, opinions, data and/or content contained on the website (including but not limited to any information which may be provided by any third party, data, or content provider) and shall not be bound in any manner by any information contained on the website. Carma Productions, Inc., Gayborhood, and/or GCYP reserves the right at any time to modify or discontinue without notice, any portion or feature of the website. No information shall be construed as advice. Information is offered for informational purposes only and is not intended for trading purposes. You and any other entity rely on the information contained on this website at your own risk. If you find an error or omission on the site, please contact us at [email protected]
14. General Information
The Terms constitute the entire agreement between you and Carma Productions, Inc., Gayborhood, and/or GCYP, and govern your use of the Service, superseding any prior agreements between you and Carma Productions, Inc., Gayborhood, and/or GCYP. The Terms and the relationship between you and Carma Productions, Inc., Gayborhood, and/or GCYP, shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Carma Productions, Inc., Gayborhood, and/or GCYP, agree to submit to the personal and exclusive jurisdiction of the courts located within the county of DeKalb, Georgia. The failure of Carma Productions, Inc., Gayborhood, and/or GCYP, to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
