..........
Gabriel
Associates' Last Day
Warriors Website Terms of
Use and Notices
Last
Updated: August 2008
1. What the Contract
Covers.
This
is a contract between you
and the Gabriel
Associates, LLC. All of
the services are referred
to in this contract as
the "service."
Please
note that we do not
provide warranties for
the service. The contract
also limits our
liability. We ask you to
read this carefully.
2.
When You May Use the
Service.
You
may start using the
service as soon as you
have finished the sign-up
process and your payment
has successfully cleared.
No withdrawal right or
other "cooling
off" period applies
to the service and you
waive any applicable
"cooling off"
period, except if the law
requires a "cooling
off" period despite
your waiver and even when
a service starts right
away.
3.
How You May Not Use the
Service.
In
using the service, you
may not:
collect
data from our site to
solicit site owners for
marketing purposes;
use
any portion of the
service as a destination
linked from any
unsolicited bulk messages
or unsolicited commercial
messages
("spam");
4.
If You Pay Gabriel
Associates.
4.1
Charges. This
section 4 applies in all
situations in which you
directly pay us. If you
pay a company other than
us for the services made
available through posting
on this site, then the
charges and billing terms
are as stated by the
other company.
4.2
Refund Policies. Unless
otherwise provided by law
or in connection with any
particular service offer,
all charges are
non-refundable.
5.
Privacy.
In
order to operate and
provide the service, we
collect certain
information about you. We
protect your information
as described in thehttp://www.lastdaywarriors.com/privacy.html . In
particular, we may access
or disclose information
about you, including the
content of your
communications, in order
to: (a) comply with the
law or respond to lawful
requests or legal
process; (b) protect the
rights or property of
Gabriel Associates, LLC.
or our customers,
including the enforcement
of our agreements or
policies governing your
use of the service; or
(c) act on a good faith
belief that such access
or disclosure is
necessary to protect the
personal safety of
Gabriel Associates, LLC.
employees, customers or
the public.
6. Support.
Technical
Support. During
the Subscription Term,
paid subscribers are
entitled to technical
support, which may
include web-based
content, online chat,
email and telephone-based
technical support. During
that Period, users may
receive web-based content
technical support.
Refunds. Unless
otherwise provided by law
or in connection with any
particular service offer,
all charges are
non-refundable.
Your
Dealings with Others.
If you obtain anything
from a third party
(including third-party
offered services) through
the service, you
understand that your
relationship with respect
to those things is with
the third party directly
and not with Gabriel
Associate. In the event
you assert a claim that
relates to or implicates
your relationship with a
third party, you shall
only assert such claim
against the third party,
and you will not assert
any such claim against
Gabriel Associates, even
if Gabriel Associates
Network assisted in
billing for the
third-party offering. You
are solely responsible
for your dealings with
any third party,
including
delivery
of and payment for goods
and services;
processing
and verifying orders,
payments and other
transactions;
customer
support related to orders
or transactions (e.g.,
lost orders, billing
disputes, payments,
etc.);
determining,
collecting and remitting
to the appropriate
authority all taxes (if
any) arising from or
related to such orders or
transactions; and
the
purchase and use by you
and your associated
accounts of any
third-party products and
services.
You
represent and warrant
that
the
products and services you
advertise, sell and
distribute are legal for
sale and distribution and
do not violate this
contract;
you
have all licenses
necessary to sell,
distribute and advertise
the goods and services
you offer; and
all
sales and advertisements
will comply with
applicable law.
Your
Privacy Practices.
In using the service, you
may be able to collect
personal information
about third parties
through your dealings
with such third parties.
If you do, you agree to
(a) post a privacy policy
on your web site that, at
a minimum, discloses any
and all uses of personal
information that you
collect from such third
parties, (b) provide a
hypertext link to your
privacy policy on the
home page of your web
site and on all pages
where you collect
personal information from
third parties, including
on checkout pages, and
(c) use personal
information only as
expressly permitted by
your privacy policy.
7.
Gabriel Associate Global
Ministries Network
Authentication.
We
may provide you with
credentials on our
authentication network to
use with the service. You
are solely responsible
for any dealings with
third parties (including
advertisers) who use our
authentication network,
including the delivery of
and payment for goods.
This contract applies to
you whenever you use the
credentials you obtained
with the service. When
you use our
authentication network to
gain access to any site,
the terms and conditions
for that site, if
different from this
contract, may also apply
to you in your use of
that site. Please refer
to the terms of use for
each site that you visit.
8.
Requirements For Placing
Advertisements.
You
may be able to place
advertisements in or
through the service. We
have no obligation to
display any part of the
advertising content. With
respect to any
advertising content you
provide, you promise
that:
all
advertising content is
accurate, complete and
current;
you
have all necessary
rights, power and
authority to publish the
advertising content;
the
advertising content, and
any web site listed or
linked to from the
advertising content:
complies
with all applicable laws
and regulations;
does
not infringe,
misappropriate or
otherwise violate any
copyright, patent,
trademark, service mark,
trade secret or other
intellectual property
right of any third party;
does
not breach the rights of
any person or entity,
including rights of
publicity or privacy, and
is not defamatory; and
does
not result in consumer
fraud (including being
false or misleading),
product liability, tort,
breach of contract,
injury, damage or harm of
any kind to any person or
entity.
you
possess documents
substantiating all
claims, express and
implied, contained within
the advertising content.
9.
How We May Change the
Contract.
If
we change this contract,
then we will tell you at
least 30 days before the
change takes place. If
you do not agree to these
changes, then you must
cancel and stop using the
service before the change
takes place. If you do
not stop using the
service, then your use of
the service will continue
under the changed
contract.
10.
WE MAKE NO WARRANTY.
We
provide the service
"as-is,"
"with all
faults" and "as
available." We do
not guarantee the
accuracy or timeliness of
information available
from the service. We and
our affiliates,
resellers, distributors
and vendors
(collectively, the
"Gabriel Associates
parties") give no
express warranties,
guarantees or conditions.
You may have additional
consumer rights under
your local laws that this
contract cannot change.
We exclude any implied
warranties including
those of merchantability,
fitness for a particular
purpose, workmanlike
effort and
non-infringement.
11.
Interpreting the
Contract.
All
parts of this contract
apply to the maximum
extent permitted by law. A
court may hold that we
cannot enforce a part of
this contract as written.
If this happens, then you
and we will replace that
part with terms that most
closely match the intent
of the part that we
cannot enforce. The rest
of this contract will not
change. This is the
entire contract between
you and us regarding your
use of the service. It
supersedes any prior
contract or statements
regarding your use of the
service. If you have
confidentiality
obligations related to
the service, those
obligations remain in
force (for example, you
may have been a beta
tester). The section
titles in the contract do
not limit the other terms
of this contract.
12.
Assignment.
We
may assign this contract,
in whole or in part, at
any time with or without
notice to you. You may
not assign this contract,
or any part of it, to any
other person. Any attempt
by you to do so is void.
You may not transfer to
anyone else, either
temporarily or
permanently, any rights
to use the service or any
part of the service.
13.
No Third Party
Beneficiaries.
This
contract is solely for
your and our benefit. It
is not for the benefit of
any other person, except
for permitted successors
and assigns under this
contract.
NOTICES
Notices and Procedure for
Making Claims of
Copyright Infringement
Under
Title 17, United States
Code, Section 512(c)(2),
notifications of claimed
copyright infringement
should be sent to service
provider's designated
agent.ALL
INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE.
Please
respect the rights of
artists and creators.
Content such as music,
photos and video may be
protected by copyright.
People appearing in
content may have a right
to control use of their
image. You may not share
other people's content
unless you own the rights
or have permission from
the owner.
Gabriel
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