1.1 This Agreement governs your use of this web site and its associated services (the "Web Service"), including interactive chat and forum discussion and blog areas (the "Interactive Areas"), which are owned and operated by 50BoomsApp LLC, the operator of the GFIAC.com website and its subsidiaries, affiliates, divisions and related companies ("50BoomsApp LLC").
1.2 50BoomsApp LLC reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by 50BoomsApp LLC as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.
2. Use of Web Service
2.1 You may not remove or modify any program markings or any notice of GFAIC proprietary rights;
2.2 You may not make the GFAIC programs or materials resulting from the services available in any manner to any third party for commercial purposes or for use in the third party’s business operations;
2.3 You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to GFAIC;
2.4 You may not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, GFAIC programs or materials available, to any third party other than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following:
3. Use and Restrictions
3.1 Use and Restrictions. Subject to the terms and conditions of this Agreement, you may access and use the GFAIC Web Services only through the login protocols provided to you, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by the Service Provider.
3.2 You will be granted authorized login protocols for the Web Services, and you agree not to use the Web Services in excess of your authorized login protocols. You agree not to access (or attempt to access) the Web Services by any means other than through the login protocols we provide. You agree not to access (or attempt to access) the Web Services through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out on the Web Services.
3.3 You are not authorized to use our Web Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.
Acceptable Use Policy (AUP)
This AUP is a guideline and is not an all-inclusive listing of prohibited conduct. 50BoomsApp LLC reserves the right, in its discretion, to change or modify all or any part of this AUP at any time, effective immediately upon publication of this AUP.
A blog posting may not contain or be linked to any "Objectionable Content". Objectionable Content means any content that:
1. Infringes upon any copyright, trademark, trade secret or patent of any third party;
2. Violates any obligation of confidentiality;
3. Violates the privacy, publicity, moral or any other right of any third party;
4. Is hateful or obscene;
5. is being used to harass, stalk or otherwise threaten a person;
6. Is libellous, defamatory, knowingly false or misrepresents another person; or
7. Is threatening, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities or otherwise contains materials that 50BoomsApp LLC informs the user that it considers objectionable.
50BoomsApp LLC, in its sole discretion, will determine what constitutes "Objectionable Content" under this AUP.
When posting to a blog, a user must also:
1. Continue the general topic that is the focus of the blog;
2. Ensure that all postings made by the user are original materials created by the user, unless proper attribution is given to a third party;
3. Not post any advertising or promotional content for themselves or any third party;
4. Not accept any compensation from a third party for placing any content in a posting;
5. Disclose all affiliations or relations necessary so that postings are not deceptive or misleading (i.e., if you are commenting upon a company and work for that company, then this should be disclosed);
6. Not knowingly link to any downloadable applications or other content which may be harmful to another user's computer;
7. Ensure that all opinions and statements are representative of the user's honest views; and
8. Not offer legal, financial or medical advice.
Any violations of this Acceptable Use Policy should be sent to firstname.lastname@example.org
4. Managing Content
50BoomsApp LLC does not and cannot review the content posted by users on the Web Service and is not responsible for such content. However, 50BoomsApp LLC reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. 50BoomsApp LLC shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.
5. No Endorsement
5.1 50BoomsApp LLC does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of 50BoomsApp LLC or its advertisers or sponsors.
5.2 The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that 50BoomsApp LLC is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold 50BoomsApp LLC and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "50BoomsApp LLC Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any 50BoomsApp LLC Party in connection with any use or alleged use of the service under your Username by any person, whether or not authorized by you. 50BoomsApp LLC reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with 50BoomsApp LLC's defence of such claim.
7. Termination of Service
50BoomsApp LLC reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, including the Interactive Areas, at any time for any reason without prior notice or liability. 50BoomsApp LLC may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
8. Refund Policy
There are no refunds on the GFAIC monthly service and annual license subscriptions.
The GFAIC software is available on a try-before-you-buy basis (15-day free trial) to ensure that you can fully experience it, and that it meets your requirements prior to subscribing to either the monthly paying service or prepaid annual license.
We encourage you to try the software prior to subscribing to the paid service.
9. Cancellation Policy
There are no contracts, no obligations, and you can cancel your GFAIC subscription at any time.
If you subscribed via PayPal: Log into your PayPal account and cancelling your payment profile with GFAIC. Upon cancellation, you will no longer be charged and your GFAIC account will automatically expire at the end of your billing cycle.
10. Disclaimer of Warranties; Limitation of Liability
10.1 Neither 50BoomsApp LLC nor any provider of third party content or their respective agents warrants that the web service will be uninterrupted or error free; nor does 50BoomsApp LLC, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the web service or the content. The web service and the content are distributed on an "as is, as available" basis. Neither 50BoomsApp LLC, third party content providers, nor their respective agents make any warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the web service, any content or any products or services sold through the web service. Neither 50BoomsApp LLC nor any third party content provider warrants that any files available for downloading or uploading through the web service will be free of viruses, trojans, hacks, breach of data, or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.
10.2 Neither 50BoomsApp LLC nor any third party content provider or their agents shall be liable for any act, direct or indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.
10.3 Some States do not allow exclusion or implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such States, the liability of 50BoomsApp LLC, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
11. Investor Information
Investor relations materials on this web site are provided for convenience only, and speak only as of their original date or the date specified therein. Available information may change at any time and may not be reflected on this web site. 50BoomsApp LLC disclaims any responsibility to update this web site.
12. Forward-Looking Statements
The statements contained in this site and other materials accessible through these pages that are not historical in nature are forward- looking statements that involve risks and uncertainties. Although management of 50BoomsApp LLC believes that its expectations are based upon reasonable assumptions within the bounds of its knowledge of 50BoomsApp LLC's business, there can be no assurance that the Company's financial goals will be realized. Numerous factors may affect the Company's actual results and may cause results to differ materially from those expressed in forward-looking statements made by or on behalf of the Company. Factors that could cause actual results to differ materially include fluctuations in advertising revenue with general economic cycles; management's ability to identify, finance, complete and integrate acquisitions; the performance of Internet/Broadband trade shows and conferences; the seasonality of revenue from publishing and trade shows and conferences; the success of new products; increases in paper and postage cost; the infringement or invalidation of 50BoomsApp LLC's intellectual property rights; and the factors listed from time to time in 50BoomsApp LLC's reports filed with the Securities and Exchange Commission. 50BoomsApp LLC does not undertake any obligation to publicly update or revise any forward-looking statements in this site whether as a result of new information, future events or otherwise.
This Agreement shall be construed in accordance with the laws of the State of Washington, United States of America, and the parties irrevocably consent to bring any action to enforce this Agreement in the King County District Court, East Division - Issaquah Facility located in Issaquah, Washington. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.
14. Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Web Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Web Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Web Service. If you believe any materials on the Web Service infringe a copyright, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
iii. 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 us to locate the material;
iv. Information reasonably sufficient to permit us 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;
v. 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; and vi. 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.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Should you have any questions about this Web Service, you may contact us at email@example.com