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Terms of Use for gloovie.com

TERMS OF USE

ACCEPTANCE OF TERMS

Welcome to gloovie.com, owned and maintained by One Hammer Productions, Inc. ("OHP"). Use of this site is provided to you subject to the following terms and conditions of use. Additional terms and conditions of use applicable to specific areas of the Site may also be posted in those areas and, together with these terms of use, govern your use of those areas. These terms of use, together with any such additional terms and conditions, are referred to as the "Terms of Use". OHP reserves the right, in its discretion, to change or modify any or all of the Terms of Use at any time, effective immediately upon the posting of the revised Terms of Use on the Site.

Your use of the Site will constitute your binding acceptance of Terms of Use, including any changes or modifications made by OHP. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the Site.

USE OF CONTENT

You acknowledge that the Site contains information, text, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of OHP or third parties. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site.

Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.

While OHP respects the copyrights of others, it does not monitor or control the content which the individual visitors to its Site may upload onto GLOOVIE or may otherwise use on or in connection with the Site. If you believe that the use of any such content on the Site constitutes copyright infringement or is defamatory, obscene or otherwise unlawful, please contact OHP by email using this form Open a popup window. Your email must contain the following information:

         1. an electronic or physical signature of the person authorized to act on behalf of the individual or entity whose rights are purportedly being violated;
         2. a description of the material to be removed and the location of such material on the Site;
         3. information sufficient to permit OHP to contact you by email, telephone and U.S. postal service;
         4. a statement that you have a good faith belief that the use of the material is not authorized by its owner or law;
         5. a statement under penalty of perjury that the information in your notification is accurate and that you are the party whose rights are being violated or are authorized to act on his or her behalf.

If you comply with these procedures, OHP will use its reasonable efforts to promptly remove the objectionable content and take such other steps as it deems reasonable or necessary in its sole discretion.

NO ENDORSEMENT

OHP DOES NOT REPRESENT OR ENDORSE THE TIMELINESS, ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT ON THE SITE AND YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT IN SOME CASES, THE CONTENT MAY BE MISLEADING, MISLABELED OR SIMPLY INACCURATE.

The Site may contain links to Web sites which are unrelated to OHP and are owned and operated by third parties (the "third-party sites "). OHP has not reviewed all of the third-party sites which may be linked to the Site, and is not responsible for the contents of, or any products or services offered on, any third-party site.

TERMINATION

OHP reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. OHP may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

DISCLAIMER

Your use and browsing of this Site are at your own risk. If you are dissatisfied with the Site or any Content, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site. OHP DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES OHP WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT ARE PROVIDED TO YOU "AS IS". NONE OF OHP, ITS THIRD PARTY CONTENT PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU.

You specifically acknowledge and agree that OHP and its officers, directors, employees and agents are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while OHP intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, OHP does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses or destructive materials and OHP shall not be liable, for any viruses or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OHP AND ANY THIRD PARTY CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER OHP, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

MISCELLANEOUS. The Terms of Use shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and the parties irrevocably consent to bring any action to enforce the Terms of Use in the federal or state courts located in New York. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF USE, PLEASE EXIT THE SITE.

 

 
 

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