You should visit this page periodically to review the terms. Gossip Craze
may, in its sole discretion, modify or revise these terms and conditions and
policies at any time, and you agree to be bound by such modifications or
revisions. If you do not accept and abide by this Agreement, you may not use
the Gossip Craze website or any other service provided by Gossip Craze
1.Description of Service.Gossip Craze (the "Service") is an
online, community based information sharing resource . You understand and agree
that the Service is provided on an AS IS and AS AVAILABLE basis. Gossip Craze
disclaims all responsibility and liability for the availability, timeliness,
security or reliability of the Service. Gossip Craze also reserves the right to
modify, suspend or discontinue the Data and or Service with or without notice
at any time and without any liability to you.
2.Personal Use.The Service is made available to you for your personal
use only. Due to the Children's Online Privacy Protection Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You
must provide current, accurate identification, contact, and other information
that may be required as part of the registration process and/or continued use
of the Service. You are responsible for maintaining the confidentiality of your
Service password and account, and are responsible for all activities that occur
under your account. Gossip Craze reserves the right to refuse or terminate
service to anyone at any time without notice for any reason.
3.Proper Use.You agree that you are responsible for your own
communications and for any consequences thereof. Your use of the Service is
subject to your acceptance of and compliance with the Agreement and any other
polices or guidelines set forth from time to time by Gossip Craze. You agree
that you will use the Service in compliance with all applicable local, state,
national, and international laws, rules and regulations, including any laws
regarding the transmission of technical data exported from your country of
residence. You shall not, shall not agree to, and shall not authorize or
encourage any third party to: (i) use the Service to upload, transmit or
otherwise distribute any content that is unlawful, defamatory, harassing,
abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable
as reasonably determined by Gossip Craze; (ii) upload, transmit or otherwise
distribute content that infringes upon another party's intellectual property
rights or other proprietary, contractual or fiduciary rights or obligations;
(iii) prevent others from using the Service; (iv) use the Service for any
fraudulent or inappropriate purpose; or (v) act in any way that violates the
Agreement, as may be revised from time to time. Violation of any of the
foregoing may result in immediate termination of this Agreement, and may
subject you to state and federal penalties and other legal consequences. Gossip
Craze reserves the right, but shall have no obligation, to investigate your use
of the Service in order to determine whether a violation of the Agreement has
occurred or to comply with any applicable law, regulation, legal process or
governmental request.
4.Privacy.As a condition to using the Service, you agree to the
terms of the Gossip Craze Privacy Policy as it may be updated from time to time. Gossip Craze understands that
privacy is important to you. You do, however, agree that Gossip Craze may
contact you and inform you of associated business. You hereby agree that Gossip
Craze may monitor, edit or disclose your personal information, if required to do
so in order to comply with any valid legal process or governmental request
(such as a search warrant, subpoena, statute, or court order), or as otherwise
provided in these Terms of Use and the Gossip Craze Privacy Policy.
5.Content of the Service.Gossip Craze takes no responsibility for third party content (including, without
limitation, any viruses or other disabling features), nor does Gossip Craze
have any obligation to monitor such third party content. Gossip Craze reserves
the right at all times to move, edit, remove or refuse to distribute any
content on the Service, such as content which violates the terms of this
Agreement. Gossip Craze also reserves the right to access, read, preserve, and
disclose any information as it reasonably believes is necessary to (a) satisfy
any applicable law, regulation, legal process or governmental request, (b)
enforce this Agreement, including investigation of potential violations hereof,
(c) detect, prevent, or otherwise address fraud, security or technical issues
(including, without limitation, the filtering of spam), (d) respond to user
support requests, or (e) protect the rights, property or safety of Gossip
Craze, its users and the public. Gossip Craze will not be responsible or liable
for the exercise or non- exercise of its rights under this Agreement.
6.Advertisements.As a condition to using the Service, you
agree and understand that Gossip Craze may display advertising, however so
described, and other information adjacent to and related to its content. This
includes, but is not limited to, sponsored ads, affiliates, Google AdSense Ads,
as well as ads from other advertising providers, hereafter referred to as “Sponsors”.
7.Intellectual Property Rights.Gossip Craze's Intellectual Property Rights. You acknowledge that Gossip Craze owns all
right, title and interest in and to the Service, including without limitation
all intellectual property rights (the "gossipcraze.com Rights"), and
such gossipcraze.com are protected by international intellectual property laws.
Accordingly, you agree that you will not copy, reproduce, alter, modify, or
create derivative works from the Service. You also agree that you will not use
any robot, spider, other automated device, or manual process to monitor or copy
any content from the Service. The Gossip Craze Rights include rights to (i) the
Service developed and provided by Gossip Craze; and (ii) all software and
programming code associated with the Service. Your Intellectual Property
Rights. Gossip Craze does not claim ownership of the content that you upload,
but you agree that Gossip Craze may change, move, edit, reassign or delete
however so described, any content that you upload.
Although
Gossip Craze does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically grant, and
you represent and warrant that you have the right to grant, to Gossip Craze an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, the said Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing. Furthermore,
by posting Content to any public area of the Service, you automatically grant
Gossip Craze all rights necessary to prohibit any subsequent aggregation,
display, copying, duplication, reproduction, or exploitation of the Content on
the Service by any party for any purpose.
8.Representations and Warranties.You represent and warrant that (a) all of the
information provided by you to Gossip Craze to participate in the Services is
correct and current; and (b) you have all necessary right, power and authority
to enter into this Agreement and to perform the acts required of you hereunder.
9.Indemnification.You agree to hold harmless and indemnify
Gossip Craze, and its subsidiaries, affiliates, officers, agents, and employees
from and against any third party claim arising from or in any way related to
your use of the Service, including any liability or expenses arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature. In such a case,
Gossip Craze will provide you with written notice of such claim, suit or
action.
10.Termination; Cancellation.You may cancel your use of the Services with
or without cause at any time by emailing gossipcraze@gmail.com Gossip Craze may at any time and for any
reason terminate the Services, terminate this Agreement, block you from
accessing the site, or suspend or terminate your account. In the event of
termination, your account will be disabled and you may not be granted access to
your account or any files or other content contained on Gossip Craze, the terms
of this Agreement shall survive expiration or termination.
11.Copyright.All files hosted on Gossip Craze are under the copyright
of the original author and Gossip Craze and or its associated companies. You
must contact the original author if you wish to use a file in a way that is
prohibited by the file license. All other content on this website, including
but not limited to articles, description submissions and comment postings are
property of Gossip Craze. No portion of the content material on this web site
may be copied, reproduced, or reused without the express written permission of
the company. Where the original author is not explicitly indicated, the
copyright belongs to Gossip Craze
12.Notification of Copyright Infringement. Our policy is to comply with all intellectual
property laws and to act expeditiously upon receiving any notice of claimed
infringement. If you believe that your work has been reproduced on this website
in a manner that constitutes copyright infringement, please provide a notice of
copyright infringement containing all of the following information: 1. A
physical or electronic signature of a person authorized to act on behalf of the
copyright owner for the purposes of the complaint. 2. Identification of the
copyrighted work claimed to have been infringed. 3. Identification of the
material on our website that is claimed to be infringing or to be the subject
of infringing activity. 4. The address, telephone number or e-mail address of
the complaining party. 5. A statement that the complaining party has a
good-faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law. 6. A statement, under
penalty of perjury, that the information in the notice of copyright
infringement is accurate, and that the complaining party is authorized to act
on behalf of the owner of the right that is allegedly infringed.
13.Choice of Law; Jurisdiction.These Terms of Use will be governed by and
construed in accordance with the laws of the United Kingdom, without giving
effect to its conflict of laws provisions or your actual state or country of
residence. Any legal proceedings however so described arising in connection
with the Service will be brought solely at our discretion.
14.Conduct.You hereby agree not to, post, email or otherwise make
available content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful to minors in
any way that harasses, degrades, intimidates or is hateful toward an individual
or group, including Gossip Craze employees, or associated businesses, sponsors,
advertisers, however so described.
15.Breach of Terms – Malicious Damages Penalties.Our failure
to act with respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches.
a.You understand and agree that, because damages are often
difficult to quantify, if it becomes necessary for Gossip Craze to pursue legal
action to enforce these Terms, you will be liable to pay Gossip Craze the
following amounts as liquidated damages, which you accept as reasonable
estimates of Gossip Craze damages for the specified breaches of these Terms:
b.If you post a message that (1) impersonates any person or
entity; (2) falsely states or otherwise misrepresents your affiliation with a
person or entity; or (3) that includes personal or identifying information
about another person without that person's explicit consent, you agree to pay
Gossip Craze five hundred dollars (USD $500.00) for each such message. This
provision does not apply to Content that constitutes lawful non-deceptive
parody of public figures.
c.If Gossip Craze establishes limits on the frequency with
which you may access the Service, or terminates your access to or use of the
Service, you agree to pay Gossip Craze five hundred dollars (USD $500.00) for
each message posted in excess of such limits or for each day on which you
access Gossip Craze in excess of such limits, whichever is higher.
d.If you send unsolicited email advertisements to Gossip
Craze email addresses or through Gossip Craze computer systems, you agree to
pay Gossip Craze twenty five dollars (USD$25) for each such email.
e.If you post Content in violation of the TOU, other than as
described above, you agree to pay Gossip Craze one thousand dollars (USD
$1,000) for each Item of Content posted. In its sole discretion, Gossip Craze
may elect to issue a warning before assessing damages.
f.If you are a Posting Agent that uses the Service in
violation of the Terms, in addition to any liquidated damages under clause (d),
you agree to pay one hundred dollars (USD $1,000) for each and every Item you
post in violation of the TOU.
g.If you aggregate, display, copy, duplicate, reproduce, or
otherwise exploit for any purpose any Content (except for your own Content) in
violation of these Terms without Gossip Craze's express written permission, you
agree to pay three thousand dollars (USD $3,000) for each day on which you
engage in such conduct.
h.Otherwise, you agree to pay actual damages, to the extent such actual
damages can be reasonably calculated. Notwithstanding any other provision of
these Terms, Gossip Craze retains the right to seek the remedy of specific
performance of any term contained in these Terms.
|
