User
Agreement. This Agreement constitutes your agreement with GarRock
Ventures, LLC with respect to your use of the Service. You must agree
to abide by all of the terms and conditions contained in this Agreement
in order to become or remain an authorized user of the Service. As used
in this Agreement, "we" and "us" shall refer to GarRock
Ventures, LLC, or any successor or assign of GarRock Ventures, LLC
Right to Use. Your
right to use the Service is subject to any limitations, conditions and
restrictions established by us from time to time, in our sole discretion.
We may alter, suspend or discontinue any aspect of the Service at any
time, including the availability of any Service feature, database or content.
We may also impose limits on certain features and aspects of the Service
or restrict your access to parts or all of the Service without notice
or liability.
Eligibility / Adult.
You must be eighteen or over to register as a member of or use
this Site. Before using the services on this site or gaining access to
this site as a member or user, you may be required to disclose personally
identifiable information to an independent, third-party entity or service
in order to verify your age and eligibility requirements. If you do not
agree to this disclosure, then you are precluded from using this site
or any services provided therein. Membership in the Service is void where
prohibited. By using and/or viewing this Site, you represent and warrant
that you have the right, authority, and capacity to enter into this agreement
and to abide by all of the terms and conditions of this agreement and
that you are at least 18-years old (21-years old in AL, MS, NE, WY, and
any other location where 18 is not the age of majority) and that you do
not find sexually explicit materials to be offensive. You understand that
this site contains links to pages containing adult oriented materials.
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Privacy
and Use of Information. You acknowledge that (a) we cannot ensure
the security or privacy of information you provide through the Internet
and your email messages, and you release us from any and all liability
in connection with the use of such information by other parties; (b) we
are not responsible for, and cannot control, the use by others of any
information which you provide to them and you should use caution in selecting
the personal information you provide to others through the Service; and
we cannot assume any responsibility for the content of messages sent by
other users of the Service, and you release us from any and all liability
in connection with the contents of any communications you may receive
from other users.
We cannot guarantee, and
assume no responsibility for verifying, the accuracy of the information
provided by other users of the Service.
You may not use the Service
for any unlawful purpose. We may refuse to grant you a user name that
impersonates someone else, is protected by trademark or proprietary law,
or as determined by us in our sole discretion.
Notwithstanding anything
to the contrary in the Privacy Policy or in this User Agreement, you agree
that we will disclose information about you if required to do so by law
or in the good faith belief that such disclosure is reasonably necessary
to: (i) comply with the legal process; (ii) enforce this Agreement; (iii)
respond to claims that any information or materials transmitted to our
web site violates the rights of third-parties; or (iv) to protect the
rights, property or personal safety of you, Company, its Content Providers,
others, and the public.
Monitoring of Information.
We reserve the right to monitor all advertisements, public postings and
messages to ensure that they conform to the content guidelines which may
be applicable from time to time.
Removal of Information.
While we do not and cannot review every message or other material
posted or sent by users of the Service, and are not responsible for any
content of these messages or materials, we reserve the right, but are
not obligated, to delete, move, or edit messages or materials, including
without limitation advertisements, public postings and messages, that
we, in our sole discretion, deem to violate the Code of Conduct set out
above or any applicable content guidelines, or to be otherwise unacceptable.
You shall remain solely responsible for the content of advertisements,
public postings, messages and other materials you may upload to the Service
or users of the Service. All photos and images on the site are independently
uploaded by our users. GarRock Ventures, LLC is not involved in any way
in the production or creation of these images and, therefore, GarRock
Ventures, LLC is exempt from 2257 requirements.
Termination of
Access to Service. We may, in our sole discretion, terminate
or suspend your access to all or part of the Service at any time, with
or without notice, for any reason, including, without limitation, breach
of this Agreement. Without limiting the generality of the foregoing, any
fraudulent, abusive, or otherwise illegal activity may be grounds for
termination of your access to all or part of the Service at our sole discretion,
and you may be referred to appropriate law enforcement agencies.
Proprietary Information.
The Service contains information which is proprietary to us and to our
users. We assert full copyright protection in the service. Information
posted by us or other users of the Service may be protected whether or
not it is identified as proprietary to us or to them. You agree not to
modify, copy or distribute any such information in any manner whatsoever
without having first received the express permission of the owner of such
information.
No responsibility.
We are not responsible for any incidental, consequential, special, punitive,
exemplary, direct or indirect damages of any kind whatsoever, which may
arise out of or relate to your use of the Service, including but not limited
to lost revenues, profits, business or data, or damages resulting from
any viruses, worms, "Trojan horses" or other destructive software
or materials, or communications by you or other users of the Service,
or any interruption or suspension of the Service, regardless of the cause
of the interruption or suspension. Any claim against us shall be limited
to the amount you paid, if any, for use of the Service during the previous
12 months. We may discontinue or change the Service or its availability
to you at any time, and you may stop using the Service at any time.
Security.
Your account is private and should not be used by anyone else. You are
responsible for all usage or activity on the Service by users using your
password, including but not limited to use of your password by any third
party.
Other Links. The Service
may from time to time contain links to other World Wide Web Internet sites
and resources ("External Links"). We are not responsible for,
and have no liability as a result of, the availability of External Links
or their contents.
Indemnity.
You agree to indemnify us, our officers, directors, employees and agents,
from any loss or damages, including without limitation reasonable legal
fees, which we may suffer from your activities on or use of the Service,
including without limitation any breach by you of this Agreement or any
charges or complaints made by other parties against you. You shall cooperate
as fully as reasonably required in the defense of any claim. We reserve
the right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you; provided, however, that you shall remain
liable for any such claim.
No Warranties.
The Service is distributed on an "as is" basis. We do not warrant
that this Service will be uninterrupted or error-free. There may be delays,
omissions, and interruptions in the availability of the Service. Where
permitted by law, you acknowledge that the Service is provided without
any warranties of any kind whatsoever, either express or implied, including
but not limited to the implied warranties of merchantability and fitness
for a particular purpose. You acknowledge that use of the Service is at
your own risk. We do not represent or endorse the accuracy or reliability
of any advice, opinion, statement or other information displayed, uploaded
or distributed through the Service by GarRock Ventures, LLC or any user
of the Service or any other person or entity. You acknowledge that any
reliance upon any such opinion, advice, statement or information shall
be at your sole risk.
Modifications.
We may modify this Agreement from time to time. Notification of changes
in this Agreement will be posted on the Service or sent via electronic
mail, as we may determine in our sole discretion. If you do not agree
to any modifications, you should terminate your use of the Service. Your
continued use of the Service now, or following the posting of notice of
any changes in this Agreement, will constitute a binding acceptance by
you of this Agreement, or any subsequent modifications.
Disclosure and
Other Communication. We reserve the right to send electronic
mail to you, for the purpose of informing you of changes or additions
to the Service, or of any GarRock Ventures, LLC related products and services.
We reserve the right to disclose information about your usage of the Service
and demographics in forms that do not reveal your personal identity.
Assignment.
You do not have the right to assign this Agreement or any of your rights
to the Service to anyone. GarRock Ventures, LLC has the right to assign
any or all of its rights and duties under this Agreement or to the Service
to any third party. At the election of GarRock Ventures, LLC, if GarRock
Ventures, LLC's obligations hereunder are assumed by a third party, GarRock
Ventures, LLC Inc. shall be relieved of any and all liability under this
Agreement. |
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