GOTFORM USER AGREEMENT
NOTE: If you are under thirteen (13) years old, please check with your
parents before reading any further.
GotForm.com provides the above Services pursuant to the terms,
conditions and notices set forth below. Please read them carefully. GotForm.com
may modify its features and Services from time to time. By clicking on
the "Sign Up" button, you are agreeing to use GotForm.com's services in
a manner consistent with the terms and conditions of this Agreement and
with all applicable laws and regulations. GotForm.com may modify this
Agreement at any time.
NOTE: IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT
USE THIS SITE OR THE SERVICES IT OFFERS.
1. REGISTRATION
In consideration for our Services, you agree to provide GotForm.com
with current, complete, and accurate registration information (the
"Registration Data") as requested by GotForm.com and to maintain and update
this information as required keeping it current, complete and accurate.
You will then choose a password and an account name. You agree to notify
GotForm.com immediately of any unauthorized use of your account.
All Registration Data is never sold, marketed, traded or exploited to
any third-party or within our own company. You acknowledge and
understand that GotForm.com is advertising supported and, therefore, information
in the aggregate about the number of visits by you and other users to
different pages and features on our site will be provided to our
advertising and sponsor partners. Again, no personally identifiable
information is ever distributed with this or any information. Information
provided by and collected from you and other users will only be used to
improve the Web site and the content that you and other users experience
through targeted advertisements and other Services.
GotForm is committed to closely following all current child protection
laws, as defined by COPPA. As a result, all accounts belonging to a
minor under 13 years of age requires authorized parental consent. By law,
a child's account will be made inactive until GotForm receives a
parental consent form via fax, mail, or our online parental consent form.
Children are never intentionally asked for identifiable information and
no such information will be accepted or collected, except for what is
known as non-personally identifiable information, such as screen name or
"Nickname", age, and zip code. If we become aware that a child
repeatedly attempts to transfer personal contact information through any
feature of GotForm.com, he or she will be removed as a member.
GotForm.com reserves the following rights:
To release current or past Registration Data in the event GotForm.com:
1) believes that accounts are in violation of the terms of use or
content guidelines set forth below; 2) believes that accounts have been or
are being used to commit unlawful acts; 3) is informed that the
information has been subpoenaed and/or GotForm.com deems it necessary and/or
appropriate; and 4) must deny membership to offenders of these guidelines
or terms of use.
GotForm.com does not discriminate based on sex, age, gender, sexual
orientation, gender orientation, ethnicity, culture, religion or
socio-economic status.
2. PRIVACY
We feel strongly that in respecting and protecting the privacy of our
users, the positive use of the Internet will be promoted and expanded.
To that end, and except as provided in Section 1 above, GotForm.com will
not intentionally monitor or disclose any private e-mail message or
address information unless required by law, regulation or court order.
You, in turn, agree to respect the privacy and confidentiality of others.
See GotForm.com's online privacy policy.
3. CONTENT
GotForm.com has carefully developed the following content guidelines to
promote the free flowing exchange of ideas and information between you
and other users of GotForm.com, and at the same time maintain standards
consistent with the Internet community and the societies of the world
at large.
You represent and warrant the content you provide to GotForm.com: (a)
does not infringe on any third party's intellectual property or
proprietary rights or rights of publicity or privacy; (b) does not violate any
law, statute, ordinance or regulation; (c) is not defamatory, trade
libelous, pornographic or obscene; or (d) does not contain viruses or
other similar harmful or deleterious programming routines. If you violate
this provision you will be penalized up to and including loss of your
GotForm.com account and any other remedies available to GotForm.com at
law or equity.
4. MEMBER CONDUCT
The Services provided by GotForm.com are for personal use by
individuals only. We ask that you please do not abuse your opportunity to utilize
GotForm.com's unique Services.
Please refrain from using your GotForm.com account for the following
activities:
¨ Displaying material containing nudity or pornographic material of any
kind; ¨ Providing material that is grossly offensive, including blatant
expressions of bigotry, prejudice, racism, hatred, or profanity; ¨
Promoting or providing instructional information about illegal activities,
promoting physical harm or injury against any group or individual, or
promoting any act of cruelty to animals; ¨ Defaming any person or group
or abusing, harassing, stalking, threatening or otherwise violating the
legal rights (such as rights of privacy and publicity) of others; ¨
Using GotForm.com for commercial purposes, including but not limited to
the following: · Offering for sale any products or services; · Soliciting
for advertisers or sponsors; · Displaying a sponsorship banner of any
kind, including those that are generated by banner or link exchange
services; · Displaying banners for services that provide cash or cash-
equivalent prizes to users in exchange for hyperlinks to their web site; ·
Promoting or soliciting for participation in multi-level marketing or
pyramid schemes, surveys, chain letters · Conducting raffles or contests
that require any type of entry fee; (Please visit the FTC web page for
more information regarding money making schemes: http://www.ftc.gov); ·
Distributing junk e-mail, spamming or sending any duplicative or
unsolicited messages (commercial or otherwise); and : Displaying material
that exploits children under 18 years of age; : Using your account for
acts of copyright, trademark, patent, trade secret or other intellectual
property infringement, including but not limited to offering pirated
computer programs or links to such programs, information used to
circumvent manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker
utilities (this also includes files which are solely intended for game
emulation); : Uploading files that contain viruses, corrupted files, or any
other harmful or deleterious software or programs that may damage the
operation of another's computer; : Adding hyperlinks to content not allowed
on GotForm.com; : Using GotForm.com for the purpose of gathering
personally identifiable information for commercial or unlawful purposes; :
Falsifying or deleting any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded; :
Creating a false identity for the purpose of misleading others as to the
identity of the sender or the origin of a message; : Restricting or
inhibiting any other user from using and enjoying the Services of
GotForm.com. GotForm.com reserves the right to remove any content from the system
which is brought to our attention and which we find, in our sole
discretion, violates these content guidelines, or otherwise is in violation
of any law.
5. NOTIFICATION OF CONTENT VIOLATIONS
GotForm.com does not actively monitor the content of GotForm.com Arcade
Tools, however, it is the policy of GotForm.com to respect all
intellectual property rights owned by third parties and to respond
appropriately when GotForm.com becomes aware that materials that violate another's
copyright or intellectual property rights may be present on
GotForm.com's access and/or hosting servers (the "GotForm.com Servers").
Any person (a "Complaining Party") with a good faith belief that use of
certain materials (individually or collectively the "Identified
Materials") on the GotForm.com Servers is not authorized by the copyright
owner, its agent, or the law may request removal of, or limitation of
access to, the Identified Materials from the GotForm.com Servers by sending
to GotForm.com's Designated Agent, as set forth below, a written notice
containing information reasonably sufficient to permit GotForm.com to
contact the Complaining Party and signed by a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed. Such written notice must comply with all of the notice requirements
of the Digital Millenium Copyright Act, 17 U.S.C. § 101, et seq.
("DCMA"). For purposes of this paragraph, GotForm.com's Designated Agent is:
GotForm
Info@GotForm.com
In the event that GotForm.com receives notification as identified
above, or that any content infringes on intellectual property rights or as
described above under the Content Section otherwise is unlawful,
GotForm.com will respond expeditiously to remove, or disable access to the
Identified Materials, and further, will take reasonable steps promptly to
notify the user that it has removed or disabled access to the
Identified Materials. GotForm.com will further comply with the provisions of the
DCMA and take such steps that it believes to be appropriate under the
circumstances, including, for example:
Provide the user with contact information for the Complaining Party;
Instruct the user to contact the Complaining Party to resolve the
dispute; Inform the Complaining Party of our actions and ask that party to
work directly with the user. Note: All correspondence between the parties
must also be sent to GotForm.com (info@GotForm.com).
GotForm.com will take the following action based on the progress of the
dispute:
If the user has not pursued resolution within 14 days of notification,
the account will be deleted; If Complaining Party has not pursued
resolution within 14 days of user's response, the account will be
re-activated; If legal action is pending or the dispute is not settled, the
account may remain suspended until resolution is reached and GotForm.com is
notified by both parties as to the outcome; If a resolution is reached
between the parties, the account will be reactivated with any mutually
agreed upon modifications.
NOTE: GotForm.com is not responsible for any loss of data resulting
from our deletion of an account, network or system outages, file
corruption for these or any other reasons.
6. ADVERTISING
It is the support of our partners that makes it possible for us to
offer GotForm.com services for free.
Please help GotForm.com in supporting the partners who make all of this
possible.
NOTE: GotForm.com is not responsible for the delivery of any goods or
services sold or advertised through its partners or Commercial Home
Pages. GotForm.com is not endorsed by any holders of the trademarks listed
above.
7. LINKS TO THIRD PARTY SITES
This Web site may contain links to Web sites operated by parties other
than GotForm.com. Such links are provided for your convenience only.
GotForm.com does not control such Web sites, and is not responsible for
their contents. GotForm.com's inclusion of links to such Web sites does
not imply any endorsement of the material on such Web sites or any
association with their operators.
8. OWNERSHIP
GotForm.com and Got?Form a trademark of GotForm, Inc.
This site is for your personal and/or commercial use. You acknowledge
that content, including but not limited to text, software, music, sound,
photographs, video, graphics or other material contained in either
sponsor advertisements or electronically distributed, commercially produced
information presented to you by GotForm.com and GotForm.com's
advertisers or other content providers, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. You may
NOT make a copy of this content for your personal, non-commercial, or
commercial use. You may not modify, copy, reproduce, distribute, publish,
license, create derivative works from, upload, post, transmit, display,
perform, transfer or sell any content available through GotForm.com and
its partners' Web sites, including any information, software, code,
products or services.
9. INDEMNIFICATION
You agree to defend, indemnify and hold harmless GotForm.com, its
parents, subsidiaries, affiliates, employees, directors, officers, agents
and their successors and assigns from and against any and all
liabilities, damages, losses, costs and expenses, including attorney's fees,
caused by or arising out of claims based upon the use of your account,
including any claim of libel, defamation, violation of rights of privacy or
publicity, loss of service by other subscribers and infringement of
intellectual property or other rights.
10. TERM
This Agreement shall continue in full force and effect for so long as
you are using the Services. Either you or GotForm.com may terminate the
service at any time, with or without cause.
11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THE USE OF THE
SERVICES OF GotForm.com IS AT YOUR SOLE RISK. THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. GotForm.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. GotForm.com MAKES NO WARRANTY THAT THE
SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR INFORMATION STORED WILL BE RETAINED;
NOR DOES GotForm.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE WEB SITE OR SOFTWARE
WILL BE CORRECTED. YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM GotForm.com OR THROUGH THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Certain links on this Site lead to Web sites maintained by individuals
or organizations over whom GotForm.com has no control. GotForm.com
makes no representations or warranties regarding the accuracy or any other
aspect of the information located on such Web sites.
12. LIMITATION OF LIABILITY
The information, software, products and Services included on this Web
site may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. GotForm.com and/or its
partners may make improvements and/or changes in this Web site at any time.
Advice received via this Web site should not be relied upon for personal,
medical, legal or financial decisions and you should consult an
appropriate professional for specific advice tailored to your situation.
GotForm.com SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTED COMMUNICATIONS
OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR
INABILITY TO USE THE SERVICES PROVIDED BY GotForm.com PURSUANT TO THIS
AGREEMENT, EVEN IF GotForm.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the
foregoing limitation may not apply to you.
13. ENTIRE AGREEMENT
This Agreement constitutes the full and complete understanding between
you and GotForm.com with respect to this Agreement, and the provisions
hereof replace and supersede any and every other agreement or
contemporaneous communication or proposal, whether electronic, oral or written,
between us regarding this Web site and/or the Services provided
hereunder.
If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect.
A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject
to the same conditions as other business documents and records
originally generated and maintained in printed form. Any rights not expressly
granted herein are reserved.
14. MISCELLANEOUS
This agreement will be governed by and construed in accordance with the
laws of the State of Connecticut without giving effect to principles of
conflict of laws. Use of this Web site and the services of GotForm.com
is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including, without limitation
this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and GotForm.com as a result of this
Agreement or use of this Web site or GotForm.com's Services. GotForm.com's
performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement is in derogation of
GotForm.com's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of this Web site and these
Services or information provided to or gathered by GotForm.com with
respect to such use.
Should you have any questions or any problems with this Web site,
please contact info@GotForm.com for more information.
Please also review the Privacy Policy
Thank you for using GotForm.com.
© 2002-2005 GotForm, Inc. All rights reserved. Terms of Use.