General Usage of the Gold Prairie Websites
You agree that you will:
- not access, or attempt to access, restricted or registration-required portions of any Gold Prairie website by any means other than the interface provided by Gold Prairie;
- use any Gold Prairie website to threaten, harass, intimidate, stalk or otherwise abuse another user;
- not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Gold Prairie), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Gold Prairie in its sole discretion);
- not interfere with or disrupt the use and enjoyment of the Gold Prairie websites by Gold Prairie or any third party;
- not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Gold Prairie's or any third party's use and enjoyment of the Gold Prairie websites and any other software, hardware and data;
- not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the website or to Gold Prairie, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to a Gold Prairie website for any reason;
- not transmit, post, send, upload, distribute, submit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
- not resell, frame, duplicate, reproduce or otherwise commercially exploit the Gold Prairie websites without the prior written agreement of Gold Prairie;
- not remove, obscure or alter any proprietary rights notices on any Gold Prairie website or any material obtained from or through any Gold Prairie website;
- not download, export or re-export any software from any Gold Prairie website: (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions in violation of U.S. export control laws; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or anyone on the U.S. Commerce Department's Table of Denial Orders; and
- not violate any applicable local, state, federal or international law, rule or regulation.
You acknowledge and agree that Gold Prairie is not responsible for the conduct of users in the interactive areas of Gold Prairie's websites. GOLD PRAIRIE SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE INTERACTIVE AREAS OF GOLD PRAIRIE'S WEBSITES. You acknowledge and agree that you may be exposed to content that you may find offensive, indecent or objectionable and, that in such respect, you use Gold Prairie's web sites at your own risk.
Likewise, Gold Prairie does not and cannot review every message posted by users in the interactive areas of Gold Prairie's websites, and Gold Prairie is not responsible for the content of such messages or the views or opinions expressed by the author of any message. Gold Prairie reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the website for any reason in Gold Prairie's sole discretion. You understand that any content that you post and/or upload on the website will be considered a submission for purposes of these services. In addition, Gold Prairie may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Gold Prairie or to protect the safety of our users or the public.
Ownership of Content and License of Your Submissions and Postings
Gold Prairie makes certain software available on an "open source" or other basis on its websites. This software may be downloaded and your use of any such software is subject to the license agreement that you agree to at the time of download, installation and/or use of that software. If you make contributions and developments related to those open-source programs, Gold Prairie encourages you to submit appropriate assignments and adhere to all terms of the applicable open-source license.
If you post any materials to the interactive portions of Gold Prairie's websites (e.g., user forums, wiki, blog comment posts, etc…) or submit any materials to Gold Prairie, you hereby irrevocably grant to Gold Prairie and all users of Gold Prairie's websites a perpetual, worldwide, royalty-free right and license to make, use, reuse, modify, display, archive, publish, license, perform, reproduce, disclose, transmit, stream, broadcast, post, sell, offer for sale, license and sub-license through multiple layers (including, without limitation, through any proprietary or open-source license), translate, create derivative works of, and/or distribute all such materials and portions of any materials that you submit to Gold Prairie or post to Gold Prairie's websites (including, without limitation, any ideas and concepts embodied therein) in any form, media, software or technology of any kind, whether now known or developed in the future, and for any purposes whatsoever including, without limitation, developing, manufacturing and marketing commercial products using and incorporating such information.
You hereby acknowledge and agree that your relationship with Gold Prairie is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Gold Prairie or to post any such information on a Gold Prairie website does not place Gold Prairie in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit or post. You hereby waive any moral rights (or "droit moral") you may have in and to any materials that you post on a Gold Prairie website or submit to Gold Prairie, even if such material is altered or changed in a manner not agreeable to you.
The content of this website is subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
The Gold Prairie websites may contain links to third party web sites, including sites that may offer software extensions that work in conjunction with Gold Prairie products. Gold Prairie is not responsible for, and you agree that Gold Prairie will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which a Gold Prairie website may be linked or from which a Gold Prairie website may be accessed. The appearance of any link on a Gold Prairie website in no way constitutes an endorsement by Gold Prairie of any third-party products or services.
Disclaimers/Limitations on Liability
YOU UNDERSTAND AND AGREE THAT THE GOLD PRAIRIE WEBSITES AND ALL MATERIAL CONTAINED OR MADE AVAILABLE ON THEM (INCLUDING, WITHOUT LIMITATION, ALL USER POSTS) ARE PROVIDED AND MADE AVAILABLE SOLELY "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE AT LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MANY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Gold Prairie makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Gold Prairie websites. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by Gold Prairie. Views and opinions of users (including the weblogs of Gold Prairie employees) of Gold Prairie's websites do not necessarily state or reflect those of Gold Prairie LLC.
The Internet is inherently insecure. Gold Prairie expressly disclaims any and all liability, and you agree that Gold Prairie will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Gold Prairie any information. Gold Prairie makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Gold Prairie websites. A Gold Prairie website may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.
Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act, Gold Prairie has designated a Copyright Agent to receive notice of claims of copyright infringement on the website. Gold Prairie's Copyright Agent may be reached at firstname.lastname@example.org or by mailing 175 N. Franklin Street, Suite 401, Chicago, Illinois 60606, U.S.A. Attention: Copyright Agent.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Gold Prairie's Copyright Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contacting Gold Prairie