TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS AGREEMENT IS LEGALLY BINDING AND YOU AGREE TO BE BOUND WHETHER YOU SIMPLY BROWSE THE SITE OR YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE. THE SITE AND SERVICES PROVIDED ON THE SITE ARE DIRECTED TO PERSONS OVER THE AGE OF 13. CHILDREN UNDER THE AGE OF 13 MAY USE THIS SITE AND THE SERVICES ONLY WITH THE SUPERVISION OF A PARENT OR GUARDIAN. THE SITE AND SERVICES ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY.
GENERAL RULES AND DEFINITIONS
If you choose to use the www.gutshotmagazine.com service (the “Service”), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and River Rock Entertainment, including its parents, subsidiaries, agents, assigns, directors and employees. GUTSHOT may change, add or remove portions of this Agreement at any time. If it does so, it will post such changes on www.gutshotmagazine.com (the “Site”) or send them to you via e-mail. It is your responsibility to review this Agreement prior to each use of the Site. By continuing to use this Site, you agree to any changes.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP OR REGISTRATION BY SENDING AN E-MAIL TO: [email protected] SEE SECTION 11(A) REGARDING TERMINATION OF SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
GUTSHOT may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. GUTSHOT may also impose limits on certain features and services, or restrict your access to parts or all of the Service without notice or liability.
WWW.GUTSHOTMAGAZINE.COM CONTENT AND MEMBER SUBMISSIONS
The contents of the Service are intended for your personal, noncommercial use. Illegal and/or unauthorized use of the Service, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site with or without notice and may result in termination or suspension of your account or your ability to access the Service.
The materials published on the Service (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by GUTSHOT, www.gutshotmagazine.com, or the party credited as the provider of the Content. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Service and the Content are protected by copyright pursuant to Indian and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part, except as specifically and explicitly authorized herein.
USE OF ANY CONTENT FOR OTHER THAN PERSONAL USE IS EXPRESSLY PROHIBITED WITHOUT PRIOR WRITTEN PERMISSION FROM GUTSHOT OR THE COPYRIGHT HOLDER IDENTIFIED IN ANY COPYRIGHT NOTICE CONTAINED IN THE CONTENT.
Where specifically and explicitly allowed as part of the Service, you may download, copy or create new works derived from the Content and other downloadable items displayed on the Service.
- that any such downloading or copying is for personal use only,
- that you obtain no trademark rights, copyright or any proprietary rights from any such copying, downloading or creation of new works,
- to maintain all copyright and other notices contained therein, and
- to abide by any additional provisions regarding such downloading, copying, or creation of new works, as stated by GUTSHOT with regard to such service.
Certain Content is furnished by third parties. Neither GUTSHOT nor such third parties will be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
FORUMS, DISCUSSIONS AND USER-GENERATED CONTENT
We welcome your participation in the aspects of the Service designed for user input (each, an “GUTSHOT Forum”). The rules below are only the minimal level of conduct that we require in any GUTSHOT Forum. We expect that, in addition, you will use common sense and be considerate towards others. We reserve the right, at our discretion, to suspend or terminate your right to use the Service or the Site, if you violate the terms or spirit of any of these rules of conduct.
In order to maintain a useful and civil community of readers, we require you to adhere to the following terms and conditions:
- Content of Comments and other Submissions
- No Violation of Third-Party Rights.
You agree that no content submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or the misappropriation of a trade secret of any third party;
No Promotion of Copyright Circumvention.
You agree that no content submitted by you will promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
No Submission of Inappropriate Content. You agree that no content submitted by you will contain defamatory or otherwise unlawful, abusive, threatening, or obscene material, or promote any unlawful, abusive, threatening or obscene activity;
Non-Commercial Only. You agree that no content submitted by you will contain any solicitation of funds, advertising or solicitation for goods or services;
No Harmful Components. You agree that no content submitted by you will transmit a virus or other harmful component;
No Impersonation or Misrepresentation.
You agree that no content submitted by you will impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
No Personal Attacks.
You agree that no content submitted by you will contain any personal attacks;
You agree that no content submitted by you will be meaningless, deliberately disruptive, repetitive messages or “spam;”
No Personal Contact Information.
You agree that no content submitted by you will contain any personal contact information (such as telephone numbers, e-mail addresses, street addresses or last names);
No Solicitation of Personal Information.
You agree not to solicit passwords or personal information from anyone;
No Unauthorized Photographs.
You agree that no content submitted by you will include a photograph of another person that you have posted without that person’s consent;
No Automated Use.
You agree that you will not make automated use of the Service (such as using scripts to add friends or send comments or messages), except for any automation that is expressly provided by GUTSHOT for the use of its users; and No Adult Content.
You agree that no content submitted by you will contain nudity, violence, sexually suggestive or offensive subject matter or contain a link to an adult website.
No Expectation of Privacy.
You acknowledge that you have no expectation of privacy with regard to any submission to a GUTSHOT Forum.
No Bulk E-Mails.
GUTSHOT reserves the right to restrict the number of e-mails that a user may send to other users in any 24-hour period to a number that GUTSHOT determines in its sole discretion. If you breach this Agreement and send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to GUTSHOT and that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay GUTSHOT $50 for each such unsolicited e-mail or other unsolicited communication you send through the Service.
Responsibility for Content. You are solely responsible for the content of the comments you make. We are not responsible for the content or opinions posted or sent by users. You take responsibility for postings under your username, and acknowledge that any use of the information provided in a GUTSHOT Forum is at your own risk. Information obtained in a GUTSHOT Forum may not be reliable, and it is not a good idea to take any action, including making any investment decisions, based on information you cannot confirm. We are not responsible for the content or accuracy of any information, and will not be responsible for any decisions made based on such information.
Profiles created and posted by users on the Site may contain links to other websites. GUTSHOT is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by GUTSHOT. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by GUTSHOT. When you access these third-party sites, you do so at your own risk.
Removal of Content and Suspension of Service. Although we have no duty to do so, we reserve the right to remove or edit content from any GUTSHOT Forum at any time and for any reason. We also reserve the right to suspend access by any user to all or part of the Service at our sole discretion.
Waiver of Rights and Royalty-Free License. You acknowledge that any submissions you make may be edited, removed, modified, excerpted, published, transmitted, distributed and displayed by GUTSHOT, and you waive any moral rights you may have relating to having the material altered or changed in a manner not agreeable to you. You further grant GUTSHOT a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt the submission in any manner, for any purpose and in any form or media now known or hereinafter developed.
Space Limitation. You acknowledge that there may be a fixed higher limit on the amount of storage space that you may use to post content, and that your submissions may be compressed or subjected to other processing at the discretion of GUTSHOT.
ACCESS AND AVAILABILITY OF SERVICE AND LINKS
The Service contains links to other websites, resources, and sponsors of the Service. The Service is not responsible for the availability of these outside resources, or their contents, and you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
GUTSHOT takes no responsibility for third-party advertisements that are posted on the Site or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant
- that no materials of any kind submitted through your account will
- violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or
- contain libelous or otherwise unlawful material; and
- that you are at least thirteen years old.
You hereby indemnify, defend and hold harmless GUTSHOT and www.gutshotmagazine.com, and all subsidiaries and parent organizations, including all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys” fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of this Agreement, or of the foregoing representations, warranties and covenants, by you or any user of your account. You shall cooperate as fully as reasonably required in the defense of any such claim. GUTSHOT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Neither GUTSHOT nor www.gutshotmagazine.com represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
LIMITATION OF LIABILITY
THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU FURTHER ACKNOWLEDGE THAT GUTSHOT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES OR ANY ADVICE OR INFORMATION, OBTAINED BY YOU FROM GUTSHOT WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT GUTSHOT IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM
- USE OF THE SITE;
- DOWNLOADING ANY CONTENT CONTAINED ON OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES; OR
- E-MAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM, EVEN IF GUTSHOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT GUTSHOT IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO:
- ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES;
- DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES;
- DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS. UNDER NO CIRCUMSTANCES SHALL GUTSHOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICE, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.
GUTSHOT ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. GUTSHOT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PROGRAMS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES.
GUTSHOT”s LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS IN ANY JURISDICTION THAT DOES NOT ALLOW THE ABOVE EXCLUSION OR LIMITATION OF WARRANTIES OR LIABILITIES.
REGISTRATION AND SECURITY
As part of the registration process, you will select a password and a username. You also have to give us certain registration information, all of which must be accurate and updated.
You may not
- select or use a username of another person with the intent to impersonate that person;
- use a username in which another person has rights, without such person’s authorization; or
- use a username that www.gutshotmagazine.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result, without limitation of other liability in immediate termination of your account.
You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of www.gutshotmagazine.com.
You shall notify [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You must be 13 years or older to subscribe to the Service. Children under the age of 13 may use this Site and the Service only with the supervision of a parent or guardian.
You are responsible for all usage or activity on your www.gutshotmagazine.com account, including use of the account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at GUTSHOT’s sole discretion, and GUTSHOT may refer you to appropriate law enforcement agencies.
FEES AND PAYMENTS
GUTSHOT reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time GUTSHOT requires a fee for portions of the Service that are now free (e.g., a domestic subscription fee), GUTSHOT will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the About Us area of the Site and in other locations on the Site, if appropriate. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Service by GUTSHOT or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. If GUTSHOT terminates your account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any subscription or other fees.
COMMUNICATIONS BETWEEN WWW.GUTSHOTMAGAZINE.COM AND MEMBERS
If you indicate on your registration form that you want to receive such information, GUTSHOT, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.
GUTSHOT reserves the right to send e-mail to you for the purpose of informing you of changes or additions to the Service.
GUTSHOT may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Site and existing or prospective products and services. This information will be used to improve the Site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that GUTSHOT has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through this Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, GUTSHOT by virtue of such submission. Moreover, no liability shall result from GUTSHOT”s use of such information, ideas or suggestions.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, that we provide to you in order for you to access the Service (“Access Software”). You may not sublicense, assign or transfer any licenses granted by GUTSHOT orwww.gutshotmagazine.com, and any attempt to sublicense, assign or transfer will be null and void. You may make one copy of Access Software for archival purposes only, and may not otherwise copy Access Software. You may not distribute, modify, reverse engineer, or create derivative works from Access Software.
Software available in connection with the Service is further subject to Indian export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Indian export laws. Downloading or using the Software is at your sole risk.
TERMINATION OF ACCOUNT AND REMOVAL OF CONTENT
You may terminate your account at any time by sending e-mail to: [email protected]. Upon such request, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within a reasonable period, which should be within or about one business day. You are responsible for all activity and any and all charges incurred for products or services purchased, or otherwise, up to the time the account is deactivated.
GUTSHOT may, in its sole discretion, terminate or suspend your access to all or part of the Service, with or without prior notice to you, for any reason. Without prior notice to you, GUTSHOT may, in its sole discretion, remove and discard any content within the Site, for any reason, including if GUTSHOT believes that you have not used the Site for a significant time period, such time period to be determined at GUTSHOT’s sole discretion. YOU AGREE THAT GUTSHOT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OR SUSPENSION OF YOUR ACCESS TO THIS SERVICE.
This Agreement has been made in and shall be construed and enforced in accordance with Indian law. Any action to enforce this agreement shall be brought in the federal or state courts located in Mumbai City.
Entire Agreement. This Agreement, as modified from time to time, constitutes the entire agreement between you and GUTSHOT with respect to the subject matter hereof.This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.
No Joint Venture. Nothing in this Agreement shall constitute or create a joint venture, partnership, or any other similar arrangement between you and GUTSHOT. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement.
Assignment. GUTSHOT may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.
No Waiver. No failure of GUTSHOT to enforce any of its rights under this Agreement will act as a waiver of such rights.
If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of this Agreement shall remain in full force and effect.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
No Third-Party Beneficiaries. There are no express or implied third-party beneficiaries to these terms and conditions.
Please direct all general questions and correspondence regarding the Service to [email protected].
Please direct any questions regarding the Terms and Conditions of Use or reports of violations of the Terms and Conditions of Use to [email protected].
Please report any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information to [email protected].