You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for all content that you post, email or otherwise make available via the Service. You understand that GAGFOOT does not control, and is not responsible for content made available through the Service, and that by using the Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the GAGFOOT site and content available through the Service may contain links to other websites, which are completely independent of GAGFOOT. GAGFOOT makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will GAGFOOT be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service. You acknowledge that GAGFOOT does not pre-screen or approve content, but that GAGFOOT shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify GAGFOOT via email immediately at firstname.lastname@example.org and provide the following information:
We will remove the infringing content subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
You agree not to post, email, or otherwise make available content: that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that impersonates any person or entity, including, but not limited to, a GAGFOOT employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; that includes personal or identifying information about another person without that person's explicit consent; that is false, deceptive, misleading, deceitful or misinformative; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; that constitutes or contains "affiliate marketing","link referral codes","junk mail","spam","chain letters","pyramid schemes" or unsolicited commercial advertisement; that constitutes or contains any form of advertising or solicitation; that includes links to commercial services or web sites; that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to GAGFOOT.COM, or that otherwise negatively affects other users' ability to use GAGFOOT.COM; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service. Additionally, you agree not to: contact anyone who has asked not to be contacted; "stalk" or otherwise harrass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from GAGFOOT.COM (an exception is made for internet search engines such as google and yahoo); impose an unreasonable or disproportionately large load on our infrastructure; or attempt to gain unauthorized access to GAGFOOT's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the GAGFOOT.COM website.
You acknowledge that GAGFOOT may establish limits concerning use of the Service, including the maximum number of days that content will be retained by the Service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that GAGFOOT has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that GAGFOOT reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that GAGFOOT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that GAGFOOT, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if GAGFOOT believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that GAGFOOT shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that GAGFOOT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GAGFOOT is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GAGFOOT, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although GAGFOOT makes no claim on the ownership of content that it's users post, by using the service you do grant implicit license to display said posted content on GAGFOOT. Other users or members of the public may make use of this content in ways beyond the knowledge or control of GAGFOOT.
YOU AGREE THAT USE OF THE GAGFOOT SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GAGFOOT SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED 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, GAGFOOT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GAGFOOT SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GAGFOOT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GAGFOOT SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GAGFOOT SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GAGFOOT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GAGFOOT SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties.
UNDER NO CIRCUMSTANCES SHALL GAGFOOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GAGFOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GAGFOOT SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GAGFOOT SITE OR THE SERVICE, FROM INABILITY TO USE THE GAGFOOT SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GAGFOOT SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GAGFOOT SITE OR THE SERVICE OR ANY LINKS ON THE GAGFOOT SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GAGFOOT SITE OR THE SERVICE OR ANY LINKS ON THE GAGFOOT SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold GAGFOOT, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and GAGFOOT and govern your use of the Service, superceding any prior agreements between you and GAGFOOT. The Terms and the relationship between you and GAGFOOT shall be governed by the laws of GERMANY without regard to its conflict of law provisions. You and GAGFOOT agree to submit to the personal and exclusive jurisdiction of the courts located within Berlin, Germany. The failure of GAGFOOT to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction 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 the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.