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Terms

Terms and Conditions of Use of the GoGayCards™ Website


You should read these terms and conditions of use (“Terms of Use”) before further proceeding with accessing, viewing, and otherwise using the GoGayCards website (“Site”), since it is a condition to your access, view and use that you agree to these provisions. If you continue to visit this Site, then you have agreed to these terms and conditions. Thank you again for stopping by this Site.

GoGayCards, LLC (“Our”, “we”, and/or “us”), welcomes you to this Site. We hope you will enjoy and benefit by our Site.

1. Access to the Site

This Site is intended to be accessed by those of you who are over 13 years old. If you are not at least 13 years old, then you must stop accessing this Site. If you do not agree with any of these Terms of Use, then you need to also stop accessing this Site. Your continued access to this Site means that (a) you are at least 13 years old, and (b) you agree to all of these Terms of Use.

2. Use of Content and Proprietary Notices

2.1 The content of this Site, including, but not limited to all text, design, photographic images, video clips, illustrations, artwork, articles, reference information, menus and all other protectable elements of this Site (collectively, the “Content”) remains the sole and exclusive property of us or the authors, as applicable, including all copyright, trademarks and all other proprietary rights. You agree not to duplicate, or otherwise extract any of the Content for any purpose other than for your own personal use, unless otherwise authorized by us in writing. You also agree not to sell or modify the Content, display, publicly perform, distribute or otherwise use any of the Content, in whole or in part, for any public or commercial purposes without our prior written consent.

2.2 All trademarks and service marks, including, but not limited to characters, artwork, logos, identified on this Site are owned exclusively by us, unless otherwise indicated on this Site. You agree not to remove, modify, use or otherwise exploit any of our trademarks or service marks without our prior written consent.

2.3 The Content may be updated and otherwise modified by us without notice. You should keep looking at this Site to see if any of the Content has changed.

2.4 You agree to use this Site for your own personal use.

2.5 Neither we, nor any owners, administrators, contributors, website users and authors are responsible for any liability arising from your use of or reliance on the Content.

3. Improper Use

3.1 You agree not to submit to us or through this Site any materials that (a) infringe any copyright or other proprietary rights of any other party, (b) contain any defamatory or libelous statements, (c) invade any person’s privacy, (d) harasses or threatens the safety of any person, (e) are racially, culturally, ethnically or based on sexual orientation offensive or hateful, (f) violates these terms of use or (g) otherwise violates any federal, state, local or foreign laws or regulations.

3.2 You further agree not to or permit any other person to:

(a) transmit, distribute or upload programs or material that contain malicious code, including, but not limited to viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;

(b) send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called “spamming” or “phishing”;

(c) disrupt, impair, alter or otherwise interfere with the functions, features, Content or use of this Site;

(d) violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;

(e) gain unauthorized access to this Site; and/or

(f) improperly display any TCP/IP packet header or part of the header information in any email or other postings.

3.3 We may preserve and/or disclose any materials that you submit to us or through this Site if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to any claims that any such materials violated the rights of third parties, or (d) protect the rights, property, or personal safety of this Site, its users or the public.

3.4 We may modify, alter, delete, remove or otherwise not display any materials that you submit to us or through this Site at our sole discretion.

4. Copyright Infringement Notification and Procedure

4.1 If you believe that this Site contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures.

4.2 All notifications of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Note that the Designated Agent may change from time to time, so you should check this Term of Use before sending any notification to us.

(a) Written notification must be submitted by email or mail to the following Designated Agent:

Rick Scott

(b) Name of Agent Designated to Receive Notification of Claimed Infringement:
Rick Scott

(c) Full Address of Designated Agent to Which Notification Should be Sent:
67885 Foothill Road Cathedral City, CA 92234

(d) Telephone Number of Designated Agent:


213-814-2919

(e) Email Address of Designated Agent:

webmaster@gogaycards.com

4.3 In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(a) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);

(b) Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;

(c) A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted;

(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;

(e) Your name, address, telephone number, and e-mail address;

(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(g) 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.

5. Privacy Policies

All privacy related provisions as to this Site can be found by clicking http://www.gogaycards.com/page.php?page_id=6 and are incorporated herein by reference.

7. Hyperlinks to Other Websites

You understand and agree that any hyperlinks to other websites that are suggested or identified in this Site or advertisements of other parties products or services are provided to you for convenience purposes only and that we do not make any representations or warranties regarding such websites, or the products or services offered through such websites. We do not endorse, verify or otherwise have any responsibility for any such websites, their business practices, or any goods or services associated with such websites.

8. Disclaimer

8.1 THIS WEBSITE IS PROVIDE TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

8.2 Without limiting the foregoing, we are not responsible for any malicious code, delays, inaccuracies, errors, or omissions arising out of or resulting from your access and use of this Site. You (and not GoGayCards, LLC) assume the entire cost of all necessary servicing, repair or correction.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, GOGAYCARDS, LLC AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

10. General

10.1 You agree to indemnify and hold us harmless from and against any and all claims, liabilities and damages (including, but not limited to reasonable attorneys’ fees and legal costs) arising from your breach of these Terms of Use.

10.2 These Terms of Use and your use of this Site are governed by the laws of the State of California without giving effect to any choice of law or conflict provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. Any and all disputes, claims or actions arising out of these Terms of Use or your use of this Site will be exclusively heard in the state or federal courts located in Los Angeles County, California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts.

10.3 You may not use or export or re-export the Content at or on this Site or any copy or adaptation thereof in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.

10.4 If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

10.5 No failure or delay by a party in exercising any right, power or privilege under these Terms of Use shall operate as a waiver thereof.

10.6 These Terms of Use, and all other provisions stated in or through this Site, including the privacy provisions, state the entire agreement between the parties relating to use of this Site. These Terms of Use and any other provisions stated in or through this Site may be amended at any time by us without notice.

10.7 YOU AND GOGAYCARDS, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST BE BROUGHT FORTH WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10.8 Unlimited access/Lifetime Memberships are $5.99 Billed on your credit card as "Autonomy".

Last Updated
These Terms of Use were last updated in July, 2010.


© Copyright 2010 GoGayCards,. All rights reserved.