Terms of use for Ghostality
1. Acceptance of terms of use and
amendments
Each time you use or cause access to Ghostality, you agree
to be bound by these terms of use, as amended from time
to time with or without notice to you. In addition, if
you are using a particular service hosted on or accessed
via Ghostality, you will be subject to any rules or
guidelines applicable to the said services, and they
will be incorporated by reference within these terms of
use. Please refer to this site's privacy
policy, which is incorporated within these terms of
use by reference.
2. The site editor's service
This web site and services provided to you on and
through Ghostality are provided on an "AS IS"
basis.You agree that the site editor exclusively
reserves the right to modify or discontinue provision of
Ghostality and its services, and to delete the data you
provide, either temporarily or permanently; the site and
may, at any time and without notice and any liability to
you, The site editor shall have no responsibility or
liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or
information.
3. Privacy policy.
Registration data and other personally-identifiable
information that may be collected on this site is
subject to the terms of the site's privacy
policy.
4. Registration and password
You are responsible for maintaining the confidentiality
of your password, and shall be responsible for all usage
of your user account and or user name, whether
authorized or unauthorized by you. You agree to
immediately notify the site editor of any unauthorized
use or your user account, user name or password.
5. Your conduct.
You agree that all information or data of any kind,
whether text, software, code, music or sound,
photographs or graphics, video or other materials
("content"), made available publicly or
privately, shall be under the sole responsibility of the
person providing the content or the person whose user
account is used. You agree that Ghostality may expose you
to content that may be objectionable or offensive. The
site editor shall not be responsible to you in any way
for the content that appears on Ghostality, nor for any
error or omission.
By using Ghostality or any service
provided, you explicitly agree that you shall not:
(a) provide any content or conduct yourself in any way
that may be construed as: unlawful; illegal;
threatening; harmful; abusive; harassing; stalking;
tortuous; defamatory; libelous; vulgar; obscene;
offensive; objectionable; pornographic; designed to
interfere or interrupt Ghostality or any service provided,
infected with a virus or other destructive or
deleterious programming routine; giving rise to civil or
criminal liability; or in violation of United States of
America, applicable local, national or international
law;
(b) impersonate or misrepresent your association with
any person or entity; forge or otherwise seek to conceal
or misrepresent the origin of any content provided by
you;
(c) collect or harvest any data about other users;
(d) provide or use Ghostality for the provision of any
content or service in any commercial manner, or in any
manner that would involve junk mail, spam, chain
letters, pyramid schemes, or any other form of
unauthorized advertising, without the site editor's
prior written consent;
(e) provide any content that may give rise to civil or
criminal liability of the site editor, or that may
constitute or be considered a violation of United States
of America, any local, national or international law,
including -- but not limited to -- laws relating to
copyright, trademark, patent, or trade secrets.
7. Submission of content on
Ghostality
By providing any content to Ghostality:
(a) you agree to grant the site editor a worldwide,
royalty-free, perpetual, non-exclusive right and license
(including any moral rights or other necessary rights.)
to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to
create derivative works and compilations, in whole or in
part. Such license will apply with respect to any form,
media, technology already known or developed
subsequently;
(b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant
us the license specified in this section 7;
(c) you acknowledge and agree that the site editor shall
have the right (but not obligation), at the site
editor's entire discretion, to refuse to publish, or to
remove, or to block access to any content you provide,
at any time and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised
and or made available on or through Ghostality.
Representations made regarding products and services
provided by third parties are governed by the policies
and representations made by these third parties. The
site editor shall not be liable for or responsible in
any manner for any of your dealings or interaction with
third parties.
9. Indemnification
You agree to indemnify and hold harmless the site editor
and the site editor's subsidiaries, affiliates, related
parties, officers, directors, employees, agents,
independent contractors, advertisers, partners, and
co-branders, from any claim or demand, including
reasonable attorney's fees, that may be made by any
third party, due to or arising out of your conduct or
connection with Ghostality or service, your provision of
content, your violation of these terms of use, or any
other violation of the rights of another person or
party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE
AND ANY SERVICES OR CONTENT PROVIDED (THE
"SERVICE") IS MADE AVAILABLE AND PROVIDED TO
YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS
IS" AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY,
IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE,
ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT
WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY
CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR
ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL
ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY
OTHER INFORMATION OBTAINED VIA THIS WEB SITE IS SOLELY
AT YOUR OWN RISK, AND THAT THE SITE EDITOR MAY NOT BE
HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow
disclaimers of implied warranties, and certain
statements in the above disclaimer may not apply to you
as regards implied warranties; the other terms and
conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS
(EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY TO USE THE
SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND
OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO
ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS
BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING
THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE
SERVICE.
In some jurisdictions, it is not
permitted to limit liability and, therefore, such
limitations may not apply to you.
12. Reservation of rights
The site editor reserves all of the site editor's
rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any
other proprietary right that the site editor may have
for Ghostality, its content, and the goods and services
that may be provided. The use of the site editor's
rights. and property requires the site editor's prior
written consent. By making services available to you,
the site editor is not providing you with any implied or
express licenses or rights, and you will have no rights.
to make any commercial uses of Ghostality or service
without the site editor's prior written consent.
13. Notification of copyright
infringement
If you believe that your property has been used in any
way that would be considered a copyright infringement or
a violation of your intellectual property rights, the
site editor's copyright agent may be contacted at the
following address:
Click
here to contact the webmaster
[Other contact information including address or
information concerning a designated agent]
14. Applicable law
You agree that these terms of use and any dispute
arising out of your use of Ghostality or the site editor's
products or services shall be governed by and construed
in accordance with local laws in force of United States
of America, headquarters of the owner of Ghostality,
without regard to its conflict of law provisions. By
registering or using this web site and service, you
consent and submit to the exclusive jurisdiction and
venue of United States of America, headquarters of the
owner of Ghostality.
15. Miscellaneous information
(ID 1033 0 1) In the event that these terms of use
conflict with any law under which any provision may be
held invalid by a court with jurisdiction over the
parties, such provision will be interpreted to reflect
the original intentions of the parties in accordance
with applicable law, and the remainder of these terms of
use will remain valid and intact; (ii) The failure of
either party to assert any right under these terms of
use shall not be considered a waiver of that party's
right, and that right will remain in full force and
effect; (iii) You agree that, without regard to any
statute or contrary law, that any claim or cause arising
out of Ghostality or its services must be filed within one
(1) year after such claim or cause arose, or else the
claim shall be forever barred; (iv) The site editor may
assign the site editor\;s rights and obligations under
these terms of use; in this case, the site editor shall
be relieved of any further obligation.