Legal
Information
GENERAL TERMS AND CONDITIONS
Welcome to G-index.net, owned and produced by First Management
Limited and its subsidiary and affiliate corporations, successors,
and assigns (collectively referred to as "G-index.net").
G-index.net makes available a variety of products and services
through its G-index.net web site (collectively, the "Products
and Services") subject to these General Terms and Conditions
("Terms and Conditions"). G-index.net may supplement
the Terms and Conditions with posted guidelines or rules applicable
to specific areas of the G-index.net web site. In addition,
G-index.net also may offer other services from time to time
that are governed by the terms of service of the respective
service partners.
Because the Terms and Conditions contain legal obligations,
please read them carefully.
The Terms and Conditions contain a variety of provisions
that are generally applicable to the Products and Services
and some provisions that apply to particular Products and
Services. The following is a list of links to the various
provisions in the Terms and Conditions. The headings contained
in these provisions, and reflected in these links, however,
are solely for your convenience and have no legal import.
While this list of links may help you locate particular provisions,
you should understand that you will be bound by the entire
Terms and Conditions.
1. ACCEPTANCE
By using the Products and Services, you are agree, without
limitation or qualification, to be bound by, and to comply
with, these Terms and Conditions and any other posted guidelines
or rules applicable to G-index.net web site, Product or Service.
All such guidelines and rules are hereby incorporated by reference
into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON
USE
Use of the Products and Services is subject to compliance
with these Terms and Conditions. You acknowledge and agree
that G-index.net may terminate your access to the G-index.net
web site or to any of the Products and Services should you
fail to comply with the Terms and Conditions or any other
guidelines and rules published by G-index.net. Any such termination
shall be in G-index.net's sole discretion and may occur without
prior notice, or any notice. G-index.net further reserves
the right to terminate any user's access to the G-index.net
web site or to any of the Products and Services for any conduct
that G-index.net, in its sole discretion, believes is or may
be directly or indirectly harmful to other users, to G-index.net
or its subsidiaries, affiliates, or business contractors,
or to other third parties, or for any conduct that violates
any local, state, federal, or foreign laws or regulations.
G-index.net further reserves the right to terminate any user's
access to the G-index.net web site or to any of the Products
and Services for any reason or for no reason at all, in G-index.net's
sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have
access to the World Wide Web and must navigate the Internet
to http://www.g-index.net. Be aware that g-index.net contain
material intended for use by persons aged 18 years or older
or according to the laws of the state in which you reside
or access the g-index.net web site. Individuals who are less
than 18 years of age or are not permitted to access such content
under the laws of any applicable jurisdiction may not access
such content.
G-index.net does not discriminate on the basis of age, gender,
race, ethnicity, nationality, religion, sexual orientation,
or any other protected status.
3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user
to register and provide certain data. In consideration of
use of such Products and Services, in registering and providing
such data, you represent and warrant that: (a) the information
about yourself is true, accurate, current, and complete (apart
from optional items) as required by various G-index.net registration
forms ("Registration Data") and (b) you will maintain
and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or
G-index.net has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, G-index.net
has the right to suspend or terminate your account and refuse
any and all current or future use of the Products and Services.
All G-index.net registrations become the exclusive property
of G-index.net, its affiliates and subsidiaries. G-index.net
reserves the right to use and reuse all registration and other
personally identifiable user information subject to the G-index.net
Privacy Policy.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products
and Services, you recognize that you are fully responsible
for: (i) the online conduct of such minor; (ii) controlling
the minor's access to and use of the Products and Services;
and (iii) the consequences of any misuse by the minor. YOU
ACKNOWLEDGE THAT SOME AREAS OF THE G-INDEX.NET WEB SITE MAY
CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. PARENTAL CONTROLS AND CHILD SAFETY
Certain material available on the Internet is not appropriate
for minors. To prevent or limit your children's access to
such materials, a number of parental control protections (such
as computer hardware, software, or filtering services) are
commercially available.
6. MEMBER AND USER CONDUCT
Upon registering, you will receive a password and G-index.net
ID. You are responsible for maintaining the confidentiality
of the password and ID, and are fully responsible for all
activities that occur under your password or ID. You agree
to (a) immediately notify G-index.net of any unauthorized
use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end
of each session. G-index.net cannot and will not be liable
for any loss or damage arising from your failure to comply
with this requirement.
You acknowledge and agree that all information, code, data,
text, software, music, sound, photographs, pictures, graphics,
video, chat, messages, files, or other materials ("Content"),
whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content
originated. This means that you, and not G-index.net, are
entirely responsible for all Content that you upload, post,
email or otherwise transmit via the Services. G-index.net
does not control the user or third party Content posted via
the Products and Services, and, as such, does not guarantee
the accuracy, integrity or quality of such user or third party
Content. You acknowledge and Agree that by using the Products
and Services, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will G-index.net
be liable in any way for any user or third party Content,
including, but not limited to, for any errors or omissions
in any such Content, or for any loss or damage of any kind
incurred as a result of the use of any such Content posted,
emailed or otherwise transmitted via the Products and Services.
As a general matter, G-index.net reserves the right to monitor
some, all, or no areas of the Products and Services for adherence
to these Terms and Conditions or any other rules or guidelines
posted by G-index.net.
The Products and Services may only be used for the intended
purpose for which such Products and Services are being made
available.
Prohibited Conduct
You agree that you will not use G-index.net Products and
Services to:
Upload, post, email, otherwise transmit, or post links to
any Content, or select any member or user name or email address,
that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, pornographic, libelous,
invasive of privacy or publicity rights, hateful, or racially,
sexually, ethnically or otherwise objectionable.
Upload, post, email, otherwise transmit, or post links to
any Content that promotes illegal activity, including without
limitation the provision of instructions for illegal activity.
Upload, post, email, otherwise transmit, or post links to
any Content that exploits the images of children under 18
years of age, or that discloses personally identifying information
belonging to children under 18 years of age.
Harm minors in any other way.
Make any sexual request on behalf of a minor or make any
sexual request of a minor.
"Stalk" or otherwise harass another.
Collect or store personally identifying information about
other users for commercial or unlawful purposes.
Impersonate any person or entity, including, but not limited
to, a G-index.net Network official, employee, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
Employ misleading email addresses or falsify information
in the header, footer, return path, or any part of any communication,
including emails, transmitted through the Products and Services.
Upload, post, email, otherwise transmit, or post links to
any Content that you do not have a right to transmit under
any law or regulation or under contractual or fiduciary relationships
(such as inside information, or proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements).
Upload, post, email, or otherwise transmit, or post links
to any Content that facilitates hacking.
Upload, post, email, otherwise transmit, or post links to
any Content that infringes any patent, trademark, service
mark, trade secret, copyright or other proprietary rights
("Rights") of any party, or contributing to inducing
or facilitating such infringement. This prohibition shall
include, without limitation, the following forms of software
piracy:
Making available copyrighted software or other Content that
has had the copyright protection removed.
Making available serial numbers for software that can be
used to illegally validate or register software.
Making available tools that can be used for no purpose other
than for "cracking" software or other copyrighted
Content.
Making available any software files for which the user does
not own the copyright or have the legal right to make available.
Upload, post, email, otherwise transmit, or post links to
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose.
Upload, post, email, otherwise transmit, or post links to
any material that contains software viruses, worms, trojan
horses, time bombs, trap doors or any other computer code,
files or programs or repetitive requests for information designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment or to
diminish the quality of, interfere with the performance of,
or impair the functionality of the Products and Services or
the G-index.net web site.
Use automated means, including additional computers, software
and scripts, to enhance play in G-index.net Network games
and promotions.
Use automated means, including spiders, robots, crawlers,
or the like to download data from any G-index.net Network
database.
Conduct your own contests and promotions.
Upload, post, email, otherwise transmit, or post links to
any Content regarding any raffle, contest or game requiring
a fee by participants.
Modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, link, display
or in any way exploit any Content from any G-index.net database,
including, without limitation, by incorporating data from
any G-index.net database into any e-mail or "white pages"
products or serviced, whether browser-based, based on proprietary
client-site applications, web-based, or otherwise.
Sell, distribute, or make any commercial use of data obtained
from any G-index.net database or make any other use of data
from any G-index.net database in a manner which could be expected
to offend the person for whom the data is relevant.
Disrupt the normal flow of dialogue in a chat room, cause
a screen to "scroll" faster than other users of
the Products and Services are able to type, or otherwise act
in a manner that negatively affects other users' ability to
engage in real time exchanges.
Interfere with or disrupt the Products and Services or servers
or networks connected to the Products and Services, or disobey
any requirements, procedures, policies or regulations of networks
connected to the Products and Services.
Intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law.
Use the Products or Services to sell, purchase, or offer
to sell or purchase any registered or unregistered securities.
Upload, post, email, otherwise transmit, or post links to
any material that is false, misleading, or designed to manipulate
any equity, security, or other market.
Disobey any G-index.net employee or representative or interfere
with any action by any G-index.net employee or representative
to redress any violation of these Terms and Conditions.
Access or attempt to access the Products and Services after
your account or access has been terminated by G-index.net.
Decompile, disassemble, modify, translate, adapt, reverse
engineer, create derivative works from, or sublicense any
software deployed in connection with the Products and Services.
Advertise, offer for sale, or sell any item you are prohibited
from advertising or selling by any applicable local, state,
national, or international law, including regulations having
the force of law.
Upload, post, email, otherwise transmit, or post links to
any material, or act in any manner, that is offensive to G-index.net
community or the spirit of these Terms and Conditions.
Advertise, offer for sale, or sell any of the following items:
Any firearms, explosives, or weapons.
Any food that is not packaged or does not comply with all
laws governing the sale of food to consumers by commercial
merchants.
Any alcoholic beverages.
Any tobacco products for human consumption, including, without
limitation, cigarettes and cigars.
Any items that are indecent or obscene, that are hateful or
racially, sexually, ethnically or otherwise objectionable,
that contain child pornography, that are otherwise pornographic
in nature, or are harmful to minors.
Any controlled substances or pharmaceuticals.
Any items that are counterfeit or stolen.
Any dangerous items.
Any goods or services that do not, in fact, exist.
Any registered or unregistered securities.
Any items that violate or infringe the rights of other parties.
Any items that you do not have the legal right to sell.
Any items where paying G-index.net any of the required transactional
or listing fees would cause G-index.net to violate any law.
You acknowledge and agree that G-index.net and its designees
shall have the right (but not the obligation), in their sole
discretion, to refuse to publish, remove, or block access
to any Content that is available via the Products and Services
at any time, for any reason, or for no reason at all, with
or without notice. Without limitation G-index.net and its
designees shall have the right (but not the obligation), in
their sole discretion, to refuse to publish, remove, or block
access to any Content that violates the Terms and Conditions
or is otherwise objectionable as determined by G-index.net,
in its sole discretion. G-index.net may also terminate access
to, or membership in, the G-index.net web site, or any portion
thereof, for violating these Terms and Conditions. You acknowledge
and agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any
Content created by or obtained through the use of the G-index.net
web site, including without limitation, information posted
on message boards.
You expressly acknowledge and agree that G-index.net may
preserve Content and may also disclose Content 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 the Terms and Conditions; (c) respond
to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of
G-index.net, its users and the public. You acknowledge and
agree that the technical processing and transmission of the
Products and Services, including your Content, may involve
(a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices. You further acknowledge and agree that
other data collected and maintained by G-index.net with regard
to its users may be disclosed in accordance with G-index.net's
Privacy Policy.
G-index.net also may suspend or terminate any user account
for any Product or Service because of user inactivity. For
example, a G-index.net Mail account may be terminated or suspended
if a user fails to sign-in to the G-index.net member's area
for an extended period of time. What is considered "user
inactivity" varies depending on the Product or Service.
If one of your accounts is suspended or terminated for inactivity,
your right to use such Product or Service immediately ceases.
7. LICENSE TO USER CONTENT
With respect to any Content posted by or in connection with
the Products and Services, you grant G-index.net a world-wide,
royalty free, perpetual, license to use, copy, transmit, publicly
display, publicly perform, create compilations including,
create derivative works of, and distribute such Content to
publish and promote such Content in connection with the particular
Products and Services and to publish and promote such Content
elsewhere within the G-index.net web site. Such license shall
apply with respect to any form, media, or technology now known
or later developed.
8. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS,"
WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, 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, G-INDEX.NET DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED
BY LAW, G-INDEX.NET DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS
AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED
IN THE PRODUCTS AND SERVICES. G-INDEX.NET SIMILARLY DISCLAIMS,
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR
ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND
SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
G-INDEX.NET DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY
FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY,
OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL
IN THE PRODUCTS AND SERVICES. G-INDEX.NET DISCLAIMS ANY RESPONSIBILITY
FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL. G-INDEX.NET DISCLAIMS
ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM
DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH
THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION,
FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES. G-INDEX.NETMAKES NO WARRANTY REGARDING THE RELIABILITY
OR ACCESSIBILITY OF MEMBER WEB PAGES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, the foregoing disclaimers
may not apply to you insofar as they relate to implied warranties.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES
SHALL G-INDEX.NET OR ITS LICENSORS BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE
PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL
APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN
IF G-INDEX.NET OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE
ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS
AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED
BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION
SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN
ANY WAY TO, G-INDEX.NET. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH
LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE
CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE,
FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES.
UNDER NO CIRCUMSTANCES SHALL G-INDEX.NET OR ITS LICENSORS
BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING
DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES
BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION
EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER
FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS,
STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS,
ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE
OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT,
OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted.
In such jurisdictions, the foregoing limitation may not apply
to you.
10. DISCLAIMER REGARDING THIRD PARTY
CONTENT
G-index.net offers access to numerous third party web pages
and content available over the Internet. In overwhelming majority
instances, including, but not limited to, sites displayed
as search results or contained within a directory of links,
G-index.net has no control whatsoever over the content of
such sites. Third party content accessible through G-index.net
from such sources is developed by people over whom G-index.net
exercises no control..
11. STORAGE
Many features of the G-index.net Network store information
on behalf of users. Examples include, but are not limited
to, email messages, chat, web pages, message boards. G-index.net
reserves the right, in its sole discretion, to limit the amount
of storage space available per user or to delete materials
stored for an excessive period while the user's account has
been inactive.
12. ADVERTISERS AND CONTENT LINKED
TO THE G-INDEX.NET NETWORK
G-index.net may provide, or third parties may provide, links
to other sites or resources located on the World Wide Web
by allowing a user to leave the G-index.net web site to access
third-party material or by bringing the third party material
into this site via "inverse" hyperlinks and framing
technology. G-index.net has no control over such sites and
resources. You acknowledge and agree that G-index.net is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials
on or available from such sites or resources. You further
acknowledge and agree that G-index.net shall not be responsible
or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use
of or reliance on any such content, goods or services available
on or through any such site or resource.
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the G-index.net
web site, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely
between you and such advertiser. You agree that G-index.net
shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Product
and Services.
G-index.net encourages you to exercise discretion while using
the Products and Services to browse the Internet. G-index.net
may produce automated search results or otherwise link you
to sites containing information that some people may find
inappropriate or offensive. G-index.net shall not be held
responsible for the accuracy, copyright or trademark compliance,
legality, or decency of material contained in sites linked
to the G-index.net web sites or provided to the G-index.net
web site by third parties.
13. TRADEMARKS, COPYRIGHT
G-index.net reserves all rights to all G-index.net related
logos, service marks, trade dress, slogans, screen shots,
copyrighted design, or other brand feature and any reproduction
of the above will only be granted after request in writing
and after G-index.net has approved such reproduction in writing.
14. NO LICENSE; INTELLECTUAL PROPERTY
OF G-INDEX.NET AND OTHERS
Except as expressly provided, nothing within any of the Products
and Services shall be construed as conferring any license
under any of the G-index.net's or any third party's intellectual
property rights, whether by estoppel, implication, waiver,
or otherwise. Without limiting the generality of the foregoing,
you acknowledge and agree that certain Content available through
and used to operate the G-index.net web site and the Products
and Services is protected by copyright, trademark, patent,
or other proprietary rights of G-index.net and its affiliates,
licensors, and service providers. Except as expressly provided
to the contrary, you agree not to modify, alter, or deface
any of the trademarks, service marks, or other intellectual
property made available by G-index.net in connection with
the Products and Services. You agree not to hold yourself
out as in any way sponsored by, affiliated with, or endorsed
by G-index.net. You agree not to use any of the trademarks
or service marks or other Content accessible through the G-index.net
Network of any purpose other than the purpose for which such
Content is made available to users by G-index.net. You agree
not to defame or disparage G-index.net, the trademarks or
service marks of G-index.net, or any aspect of the Products
and Services. You agree not to adapt, translate, modify, decompile,
disassemble, or reverse engineer the Products and Services
or any software or programs used in connection with the Products
and Services or the G-index.net web site.
15. INDEMNITY AND RELEASE
By using the G-index.net web site you agree to indemnify G-index.net
and its parents, subsidiaries, affiliates, officers, employees,
and licensors and hold them harmless from any and all claims
and expenses, including attorney's fees, arising from your
use of the G-index.net web site, your use of the Products
and Services, or your submission of ideas and/or related materials
to G-index.net or from any person's use of any account or
password you maintain with any portion of the G-index.net
web site, regardless of whether such use is authorized by
you. By using the G-index.net web site, using the Products
and Services, or submitting any ideas and/or related materials
to G-index.net, you are hereby agreeing to release G-index.net
and its parents, subsidiaries, affiliates, officers, employees,
and licensors from any and all claims, demands, debts, obligations,
damages (actual or consequential), costs, and expenses of
any kind or nature whatsoever, whether known or unknown, suspected
or unsuspected, disclosed or undisclosed, that you may have
against them arising out of or in any way related to such
disputes and/or to the Products and Services or to any disputes
regarding use of ideas and/or related materials submitted
to G-index.net.
16. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute
or law to the contrary, any claim or cause of action you may
have arising out of, or relating to, your use of the G-index.net
web site or the Products and Services must be filed within
one (1) year after such claim or cause of action arises, or
forever be barred.
17. INTELLECTUAL PROPERTY INFRINGEMENT
CLAIMS
It is the policy of G-index.net to respond expeditiously to
claims of intellectual property infringement. G-index.net,
its parent company or associates will promptly process and
investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright
Act ("DMCA") and other applicable intellectual property
laws. Upon receipt of notices complying or substantially complying
with the DMCA, G-index.net will act expeditiously to remove
or disable access to any material claimed to be infringing
or claimed to be the subject of infringing activity and will
act expeditiously to remove or disable access to any reference
or link to material or activity that is claimed to be infringing.
G-index.net will terminate access for subscribers and account
holders who are repeat infringers.
18. ARBITRATION, GOVERNING LAW AND
FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the
Products and Services, all legal issues arising from or related
to the use of the Products and Services shall be construed
in accordance with, and all questions with respect thereto
shall be determined by, the laws of the Commonwealth of Massachusetts
applicable to contracts entered into and wholly to be performed
within said state. Any controversy or claim arising out of
or relating to these Terms and Conditions or any user's use
of the Products and Services shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in
Boston, Massachusetts, and judgment on the arbitration award
may be entered into in any state or federal court in Massachusetts
having jurisdiction thereof. Any party seeking temporary or
preliminary injunctive relief may do so in any state or federal
court in Massachusetts having jurisdiction thereof. Except
as set forth above, the state and federal courts of Massachusetts
shall be the exclusive forum and venue to resolve disputes
arising out of or relating to these Terms and Conditions or
any user's use of the Products and Services. By using the
Products and Services and thereby agreeing to these Terms
and Conditions, users consent to personal jurisdiction and
venue in the state and federal courts in Massachusetts with
respect to all such disputes.
19. CHANGES IN TERMS AND CONDITIONS
AND CHANGES IN PRODUCTS AND SERVICES
G-index.net reserves the right to modify the Products and
Services from time to time, for any reason, and without notice,
including the right to terminate the Products and Services.
G-index.net reserves the right to modify these Terms and Conditions
from time to time, without notice. Please review these Terms
and Conditions from time to time so you will be apprised of
any changes.
20. MERGER
These Terms and Conditions constitute the entire agreement
between the parties with respect to the subject matter contained
herein and supersedes any other agreement, proposals and communications,
written or oral, between G-index.net representations and you
with respect to the subject matter hereof; except that any
other terms and conditions located on any individual G-index.net
web site or in connection with the Products and Services are
incorporated herein by reference to the extent they do not
conflict with these Terms and Conditions. To the extent that
any other terms and conditions or terms of service conflict
with these Terms and Conditions, those other provisions shall
control with respect to the use of the particular web site
and any Products or Services available on or through the web
site or the respective Product or Service at which those other
provisions may be found.
21. NON-WAIVER AND SEPARABILITY
G-index.net failure to exercise any right or provision of
these Terms and Conditions shall not constitute a waiver of
such right or provision. If a court of competent jurisdiction
holds any provision of these Terms and Conditions 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 agree that the other provisions of these
Terms and Conditions remain in full force and effect.
22. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and G-index.net are independent
contractors under these Terms and Conditions, and nothing
herein shall be construed to create a partnership, joint venture,
agency, or employment relationship. Neither party pursuant
to these Terms and Conditions has authority to enter into
agreements of any kind on behalf of the other and neither
party shall be considered the agent of the other.
23. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer,
or delegate your rights or obligations under these Terms and
Conditions without prior express written authorization of
G-index.net.
24. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale,
assignment, sublicensing, or other transfer of rights or obligations,
these Terms and Conditions shall be binding upon and inure
to the benefit of the parties hereto and their respective
heirs, successors, and assigns.
25. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as
long as you use the Products and Services, unless specifically
terminated earlier by G-index.net. All provisions of these
Terms and Conditions which impose obligations continuing in
their nature shall survive termination of these Terms and
Conditions.
26. COMMUNICATIONS WITH USERS
You consent to receive communications from G-index.net concerning
your use of the Products and Services ("Communications").
The Communications may be those that G-index.net is required
to send to you by law concerning the Products and Services
("Required Communications"). The Communications
may also be those that G-index.net sends to you for other
reasons. You consent to receive Communications electronically.
G-index.net may provide these Communications to you by sending
an email to the email address you provided in connection with
your account or by posting the Communication on the G-index.net
web site. You also consent to receive Communications by telephone
or by postal mail sent to the postal address you provided
in connection with your account. You may change the email
or postal address to which G-index.net sends Communications
by visiting your account information page.
In order to receive Required Communications, you must provide
G-index.net, upon registration with the G-index.net web site,
a valid email address to which G-index.net may send electronic
mail. Your computer must also have a modem or other means
of Internet access, an Internet browser such as Internet Explorer
version 5.x or above or Netscape Navigator version 6.x or
above, email communications software capable of receiving
and storing electronic mail, and a printer, if you wish, for
printing electronic communications. G-index.net will provide
notice of any changes to these requirements.
27. SUBMISSIONS OF IDEAS
The G-index.net Network is always improving its Products and
Services and developing new features. If you have ideas regarding
improvements or additions to the G-index.net, we would like
to hear them -- but any submission will be subject to these
Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE
OF ANY IDEA OR RELATED MATERIALS TO G-INDEX.NET BE SUBJECT
TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION.
BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO G-INDEX.NET,
YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE
IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING
TO G-INDEX.NET THAT THE IDEA AND/OR RELATED MATERIALS ARE
WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS
IN THE IDEA AND/OR MATERIALS AND THAT G-INDEX.NET IS FREE
TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES,
AS PROVIDED OR AS MODIFIED BY G-INDEX.NET, WITHOUT OBTAINING
PERMISSION OR LICENSE FROM ANY THIRD PARTY.
28.STANDARD ADVERTISING TERMS AND
CONDITIONS
Your use of the G-index.net web site constitutes acceptance
of the G-index.net Advertising Terms and Conditions.
29. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other
rights of G-index.net, G-index.net or its associate representatives
reserve the right to pursue any and all legal and equitable
remedies against you, including, without limitation, terminating
any and all user accounts on the G-index.net web site.
If you are aware of any violations of these Terms and Conditions,
please report them to:
G-index.net Abuse Manager
Email Address: abuse@g-index.net
Please read the entire Terms and Conditions, as all G-index.net
properties, Products and Services are offered subject to these
Terms and Conditions.
We hope your enjoyment of G-index.net Products and Services
will be enhanced by the application of these Terms and Conditions.
It is our belief that your understanding of the guidelines
we have set forth will allow the G-index.net community to
continue to be a place where each of us can prosper, grow,
and enjoy ourselves within an open and non-threatening environment.
Thank you for taking the time to read these Terms and Conditions
and we hope you enjoy our Products and Services. Last
updated January 2006 |