You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not G4’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your G4 Account
You may need a G4 Account in order to use some of our Services. You may create your own G4 Account, or your G4 Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a G4 Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
If you learn of any unauthorized use of your password or account, call someone else.
Privacy and Copyright Protection
G4’s policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that G4 can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and G4’s policy about responding to notices on our contact page, or in our Journal, or somewhere else.
Your Content in our Services
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give G4 (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to G4 Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
G4 gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by G4 as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by G4, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. G4 may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER G4 NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, G4, AND G4’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF G4, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, G4, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify G4 and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between G4 and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Amsterdam, Holland, excluding Amsterdam’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of North Holland County, and you and G4 consent to personal jurisdiction in those courts.
For information about how to contact G4, please visit http://gangof4.info/?page_id=406
G4 Statement of Rights and Responsibilities
This agreement was written in Dutch. To the extent any translated version of this agreement conflicts with the Dutch version, Dutch version controls. Please note that Section 17 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: October 14, 2013.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the G4 Principles, and is our terms of service that governs our relationship with users and others who interact with G4. By using or accessing G4, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how G4 works.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use G4 to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on G4, and you can control how it is shared through your privacy and application settings. In addition:
1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with G4 (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Use Policy.)
4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of G4, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about G4, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep G4 safe, but we cannot guarantee it. We need your help to keep G4 safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam) on G4.
2. You will not collect users’ content or information, or otherwise access G4, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on G4.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on G4.
10. You will not use G4 to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working or appearance of G4, such as a denial of service attack or interference with page rendering or other G4 functionality.
12. You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
G4 users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on G4, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal timeline primarily for your own commercial gain, and will use a G4 Page for such purposes.
5. You will not use G4 if you are under 13.
6. You will not use G4 if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
1. You will not post content or take any action on G4 that infringes or violates someone else’s rights or otherwise violates the law.
2. We can remove any content or information you post on G4 if we believe that it violates this Statement or our policies.
3. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
4. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including G4, the G4 and other Logos), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
8. You will not post anyone’s identification documents or sensitive financial information on G4.
9. You will not tag users or send email invitations to non-users without their consent. G4 offers social reporting tools to enable users to provide feedback about tagging.
6. Mobile and Other Devices
1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on G4 within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on G4.
If you make a payment on G4 or use G4 Credits, you agree to our Payments Terms.
8. Special Provisions Applicable to Social Plugins
If you include our Social Plugins, such as the Share or Like buttons on your website, the following additional terms apply to you:
1. We give you permission to use G4’s Social Plugins so that users can post links or content from your website on G4.
2. You give us permission to use and allow others to use such links and content on G4.
3. You will not place a Social Plugin on any page containing content that would violate this Statement if posted on G4.
9. Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
1. You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our G4 Platform Policies and our Advertising Guidelines.
2. Your access to and use of data you receive from G4, will be limited as follows:
1. You will only request data you need to operate your application.
4. You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
5. You will not include data you receive from us concerning a user in any advertising creative.
6. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
7. You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
8. We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
9. We can limit your access to data.
10. You will comply with all other restrictions contained in our G4 Platform Policies.
3. You will not give us information that you independently collect from a user or a user’s content without that user’s consent.
4. You will make it easy for users to remove or disconnect from your application.
5. You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
6. You will provide customer support for your application.
7. You will not show third party ads or web search boxes on www.G4.com.
8. We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
9. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
10. You will not misrepresent your relationship with G4 to others.
11. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our G4 Platform Policies.
12. We can issue a press release describing our relationship with you.
13. You will comply with all applicable laws. In particular you will (if applicable):
1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
2. comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on G4. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
14. We do not guarantee that Platform will always be free.
15. You give us all rights necessary to enable your application to work with G4, including the right to incorporate content and information you provide to us into streams, timelines, and user action stories.
16. You give us the right to link to or frame your application, and place content, including ads, around your application.
17. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
18. To ensure your application is safe for users, we can audit it.
19. We can create applications that offer similar features and services to, or otherwise compete with, your application.
10. About Advertisements and Other Commercial Content Served or Enhanced by G4
Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:
1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.
11. Special Provisions Applicable to Advertisers
You can target your desired audience by buying ads on G4 or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal (Order):
1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
3. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
4. Your ads will comply with our Advertising Guidelines.
5. We will determine the size, placement, and positioning of your ads.
6. We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
7. We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
8. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for all ads that run.
9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
10. We can use your ads and related content and information for marketing or promotional purposes.
11. You will not issue any press release or make public statements about your relationship with G4 without our prior written permission.
12. We may reject or remove any ad for any reason.
13. If you are placing ads on someone else’s behalf, you must have permission to place those ads, including the following:
1. You warrant that you have the legal authority to bind the advertiser to this Statement.
2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
12. Special Provisions Applicable to Pages
If you create or administer a Page on G4, or run a promotion or an offer from your Page, you agree to our Pages Terms.
13. Special Provisions Applicable to Software
1. If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
2. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
1. Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on the G4 Site Governance Page) and an opportunity to comment on changes to this Statement. You can also visit our G4 Site Governance Page and “like” the Page to get updates about changes to this Statement.
2. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
3. Your continued use of G4 following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of G4 to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 15-19.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or G4 exclusively in a federal court located in North Holland County. The laws of North Holland County will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in North Holland County for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on G4, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on G4 and are not responsible for the content or information users transmit or share on G4. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on G4. We are not responsible for the conduct, whether online or offline, or any user of G4.
3. WE TRY TO KEEP G4 UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING G4 AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT G4 WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT G4 WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. G4 IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A NORTH HOLLAND COUNTY RESIDENT, YOU WAIVE NORTH HOLLAND COUNTYCIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR G4, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR G4 WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, G4’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with G4 outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on G4 (such as advertising or payments) or operate a Platform application or website.
3. Certain specific terms that apply only for German users are available.
1. By “G4” we mean the features and services we make available, including through (a) our website at http://gangof4.info/ and any other G4 branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from G4 or provide data to us.
3. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with G4.
4. By “content” we mean anything you or other users post on G4 that would not be included in the definition of information.
5. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from G4 or provide to G4 through Platform.
6. By “post” we mean post on G4 or otherwise make available by using G4.
7. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By “active registered user” we mean a user who has logged into G4 at least once in the previous 30 days.
9. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and G4, Inc. Otherwise, this Statement is an agreement between you and G4. References to “us,” “we,” and “our” mean either G4, or G4 Limited, as appropriate.
2. This Statement makes up the entire agreement between the parties regarding G4, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.
10. We reserve all rights not expressly granted to you.
11. You will comply with all applicable laws when using or accessing G4.
You may also want to review the following documents, which provide additional information about your use of G4:
Data Use Policy: The Data Use Policy contains information to help you understand how we collect and use information.
Payment Terms: These additional terms apply to all payments made on or through G4.
Platform Page: This page helps you better understand what happens when you add a third-party application or use G4 Connect, including how they may access and use your data.
G4 Platform Policies: These guidelines outline the policies that apply to applications, including Connect sites.
Advertising Guidelines: These guidelines outline the policies that apply to advertisements placed on G4.
Promotions Guidelines: These guidelines outline the policies that apply if you offer contests, sweepstakes, and other types of promotions on G4.
G4 Brand Resources: These guidelines outline the policies that apply to use of G4 trademarks, logos and screenshots.
How to Report Claims of Intellectual Property Infringement
Pages Terms: These guidelines apply to your use of G4 Pages.
Community Standards: These guidelines outline our expectations regarding the content you post to G4 and your activity on G4.
To access the Statement of Rights and Responsibilities in several different languages, change the language setting for your G4 session by clicking on the language link in the left corner of most pages. If the Statement is not available in the language you select, we will default to the Dutch version.
1. ACCEPTANCE OF TERMS
G4 (“G4”) welcomes you. G4 provides the G4 Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://gangof4.info/?page_id=518 . By accessing and using the G4 Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular G4 owned or operated services, you and G4 shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. G4 may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF G4 SERVICES
G4 provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “G4 Services”). You also understand and agree that the G4 Services may include advertisements and that these advertisements are necessary for G4 to provide the G4 Services. You also understand and agree that the G4 Services may include certain communications from G4, such as service announcements, administrative messages and the G4 Newsletter, and that these communications are considered part of G4 membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current G4 Services, including the release of new G4 properties, shall be subject to the TOS. You understand and agree that the G4 Services is provided “AS-IS” and that G4 assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the G4 Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the G4 Services.
You understand that the technical processing and transmission of the G4 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.
Please be aware that G4 has created certain areas on the G4 Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the G4 Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the G4 Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the G4 Service’s registration form (the “Registration Data”) and (b) 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 G4 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, G4 has the right to suspend or terminate your account and refuse any and all current or future use of the G4 Services (or any portion thereof). G4 is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the G4 Services must create a G4 Family Account. When you create a G4 Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the G4 Family Account. By adding a child to your G4 Family Account, you also give your child permission to access many areas of the G4 Services, including, email, message boards and instant messaging (among others). Please remember that the G4 Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the G4 Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the G4 Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify G4 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. G4 cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not G4, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the G4 Services. G4 does not control the Content posted via the G4 Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the G4 Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will G4 be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the G4 Services.
You agree to not use the G4 Services to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a G4 official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the G4 Service;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit, or otherwise make available any material 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;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the G4 Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the G4 Services or servers or networks connected to the G4 Services, or disobey any requirements, procedures, policies or regulations of networks connected to the G4 Services, including using any device, software or routine to bypass our robot exclusion headers;
k. 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 AEX, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. “stalk” or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that G4 may or may not pre-screen Content, but that G4 and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the G4 Services. Without limiting the foregoing, G4 and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You 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 G4 or submitted to G4, including without limitation information in G4 Message Boards and in all other parts of the G4 Services.
You acknowledge, consent and agree that G4 may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of G4, its users and the public.
You understand that the G4 Services and software embodied within the G4 Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by G4 and/or content providers who provide content to the G4 Services. You may not attempt to override or circumvent any of the usage rules embedded into the G4 Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the G4 Services, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON G4 NETWORK
When you register with G4, you acknowledge that in using the G4 Services to send electronic communications (including but not limited to email, search queries, sending messages to G4 Chat or G4 Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through G4’s computer networks, portions of which are located in Amsterdam, California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of G4’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the G4 Services and transfer, posting and uploading of software, technology, and other technical data via the G4 Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (seehttp://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (seehttp://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the G4 Services to export-prohibited parties or countries; (c) will not use the G4 Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the G4 Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE G4 SERVICES
G4 does not claim ownership of Content you submit or make available for inclusion on the G4 Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the G4 Services, you grant G4 the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of G4 Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the G4 Services solely for the purposes of providing and promoting the specific G4 Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the G4 Services and will terminate at the time you remove or G4 removes such Content from the G4 Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the G4 Services other than G4 Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the G4 Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the G4 Services and will terminate at the time you remove or G4 removes such Content from the G4 Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the G4 Services other than G4 Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the G4 Services are those areas of the G4 network of properties that are intended by G4 to be available to the general public. By way of example, publicly accessible areas of the G4 Services would include G4 Message Boards and portions of G4 Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the G4 Services would not include portions of G4 Groups that are limited to members, G4 services intended for private communication such as G4 Mail or G4 Messenger, or areas off of the G4 network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by G4.
10. CONTRIBUTIONS TO G4
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to G4 through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) G4 is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) G4 shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) G4 may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of G4 without any obligation of G4 to you; and (f) you are not entitled to any compensation or reimbursement of any kind from G4 under any circumstances.
You agree to indemnify and hold G4 and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the G4 Services, your use of the G4 Services, your connection to the G4 Services, your violation of the TOS, or your violation of any rights of another.
12. NO COMMERCIAL REUSE OF G4 SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the G4 Services (including Content, advertisements, Software and your G4 ID).
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that G4 may establish general practices and limits concerning use of the G4 Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the G4 Services, the maximum number of email messages that may be sent from or received by an account on the G4 Services, the maximum size of any email message that may be sent from or received by an account on the G4 Services, the maximum disk space that will be allotted on G4’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the G4 Services in a given period of time. You agree that G4 has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the G4 Services. You acknowledge that G4 reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that G4 reserves the right to modify these general practices and limits from time to time.
G4 Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your G4 accounts located on G4 servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on G4 too. Your agreement to this TOS constitutes your consent to allow G4 to store these communications on its servers.
14. MODIFICATIONS TO G4 SERVICES
G4 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the G4 Services (or any part thereof) with or without notice. You agree that G4 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the G4 Services (or any part thereof).
You may terminate your G4 account, any associated email address and access to the G4 Services by submitting such termination request to G4.
You agree that G4 may, without prior notice, immediately terminate, limit your access to or suspend your G4 account, any associated email address, and access to the G4 Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the G4 Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the G4 Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in G4’s sole discretion and that G4 shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the G4 Services.
Termination of your G4 account includes any or all of the following: (a) removal of access to all or part of the offerings within the G4 Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the G4 Services.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the G4 Services, 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 G4 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 G4 Services.
The G4 Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that G4 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 G4 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.
18. G4’S PROPRIETARY RIGHTS
You acknowledge and agree that the G4 Services and any necessary software used in connection with the G4 Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the G4 Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by G4 or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the G4 Services, such Content or the Software, in whole or in part.
G4 grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the G4 Services. You agree not to access the G4 Services by any means other than through the interface that is provided by G4 for use in accessing the G4 Services.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE G4 SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE G4 SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. G4 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. G4 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE G4 SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE G4 SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE G4 SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE G4 SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE G4 SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM G4 OR THROUGH OR FROM THE G4 SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE G4 SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE G4 SERVICE. IMMEDIATELY DISCONTINUE USE OF THE G4 SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE G4 SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT G4 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF G4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE G4 SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE G4 SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE G4 SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR G4 SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the G4 Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The G4 Services is provided for informational purposes only, and no Content included in the G4 Services is intended for trading or investing purposes. G4 and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the G4 Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
G4 may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the G4 Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the G4 Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the G4 Services in an authorized manner.
25. TRADEMARK INFORMATION
You agree that all of G4’s trademarks, trade names, service marks and other G4 logos and brand features, and product and service names are trademarks and the property of G4 Inc. (the “G4 Marks”). Without G4’s prior permission, you agree not to display or use in any manner the G4 Marks.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
G4 respects the intellectual property of others, and we ask our users to do the same. G4 may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide G4’s Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
G4’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
27. CLOSED CAPTIONING
G4 complies with applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. Please visit info.G4.info/legal/amsterdam/G4/cc/du/ for more information or to register any concerns or complaints regarding video content accessible on the G4 network of properties.
28. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and G4 and governs your use of the G4 Services, superseding any prior version of this TOS between you and G4 with respect to the G4 Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other G4 services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and G4 each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of North Holland and Amsterdam without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and G4, shall be brought exclusively in the courts located in the county of North Holland. You and G4 agree to submit to the personal jurisdiction of the courts located within the county of North Holland, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of G4 to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your G4 account is non-transferable and any rights to your G4 ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 G4 Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.