GUAM-ASP.NET TERMS OF USE

 

1. General Terms.
(A) This Agreement sets forth the terms and conditions that apply to your use of GUAM-ASP.NET, an interactive Website operated by Pacific Telestations, Inc., doing business as The .NET User Group of Guam ("The .NET User Group of Guam") By using GUAM-ASP.NET, you agree to comply with all of the terms and conditions hereof. The right to use GUAM-ASP.NET is personal to you and is not transferable to any other person or entity. You are responsible for ensuring that your use of GUAM-ASP.NET complies fully with the provisions of this Agreement, You shall be responsible for protecting the confidentiality of your password(s), if any.

(B) The .NET User Group of Guam shall have the right at any time to change or discontinue any aspect or feature of GUAM-ASP.NET, including, but not limited to, content, hours of availability, and equipment needed for access or use.


2. Changed Terms.
The .NET User Group of Guam shall have the right at any time to change or modify the terms and conditions applicable to use of GUAM-ASP.NET, or any part thereof, by posting a notice of such change or modification on GUAM-ASP.NET. Upon such posting of notice, such change, or modification shall be immediately effective. Your use of GUAM-ASP.NET after such notice shall be deemed to constitute acceptance of such change or modification.


3. Equipment.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of GUAM-ASP.NET and all charges related thereto.


4. Use of Information.
(A) You may use GUAM-ASP.NET for lawful purposes only. You may not post or transmit through GUAM-ASP.NET any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, 'without The .NET User Group of Guam's express prior approval, contains advertising or any solicitation with respect to products, or services. Any conduct by you that in The .NET User Group of Guam's discretion restricts or inhibits any other user from using or enjoying GUAM-ASP.NET will not be permitted.

You may not use GUAM-ASP.NET to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users of other online information services competitive with GUAM-ASP.NET

(B) GUAM-ASP.NET contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound? The .NET User Group of Guam asserts a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The .NET User Group of Guam and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You do not acquire any ownership rights by downloading copyrighted material.


5. Rules of Conduct.
You may not upload, post or otherwise make available on GUAM-ASP.NET any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You are solely liable ?for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to GUAM-ASP.NET, you automatically grant, or warrant that the owner of such material has expressly granted The .NET User Group of Guam the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify adapt, publish, translate arid distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for such user's personal use. You hereby grant The .NET User Group of Guam the right to edit, copy, publish and distribute any material you make available to GUAM-ASP.NET.


6. Disclaimer of Warranty; Limitation of Liability.
(A) Users of GUAM-ASP.NET expressly agree that use of GUAM-ASP.NET and any information obtain thereon is at the user's sole risk. Neither The .NET User Group of Guam, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that GUAM-ASP.NET will be error free; nor do they make any warranty as to the results that may be obtained from use of GUAM-ASP.NET or as to the accuracy, reliability or content of any information, service, or merchandise provided through GUAM-ASP.NET.

(B) GUAM-ASP.NET is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alternation of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, The .NET User Group of Guam is not liable for the defamatory, offensive or illegal conduct of you or of third-parties and that the risk of injury from the such conduct rests entirely with you.

(D) In no event will The .NET User Group of Guam, or any person or entity involved in creating, producing or distributing GUAM-ASP.NET or GUAM-ASP.NET software, whether now available or hereafter developed, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use GUAM-ASP.NET.

(E) In addition to the terms set forth above, neither The .NET User Group of Guam, nor its affiliates, or information providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within GUAM-ASP.NET, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither The .NET User Group of Guam, nor its affiliates or information providers warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

(F) In states that do not allow exclusion of implied warranties or limitations of liability for incidental or consequential damages, the liability of The .NET User Group of Guam, its affiliates, or information providers, and their respective agents, shall be limited to the greatest extent permitted by applicable law.


7. Monitoring.
The .NET User Group of Guam shall have the right, but not the obligation, to monitor the content of GUAM-ASP.NET, to determine compliance with this Agreement and any operating rules established by The .NET User Group of Guam and to satisfy any law, regulation or authorized government request, The .NET User Group of Guam shall have the Tight in its sole discretion to edit, refuse to post or remove any material submitted to GUAM-ASP.NET. Without limiting the foregoing, The .NET User Group of Guam shall have the right to reject any material that The .NET User Group of Guam, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


8. Indemnification.
You agree to defend, indemnify and hold harmless The .NET User Group of Guam, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of GUAM-ASP.NET.


9. Trademarks.
The .NET User Group of Guam, GUAM-ASP.NET, News8, 94 Jamz FM, and Isla 61 AM and each of their logos are trademarks of Pacific Telestations, Inc. All rights reserved. All other trademarks appearing on GUAM-ASP.NET are the property of their respective owners.


10. Third-Party Content.
(A) The .NET User Group of Guam is not responsible for content supplied by third parties, including, without limitation, entities advertising on GUAM-ASP.NET, and other GUAM-ASP.NET users. Any opinions, advice, statements, services, offers, advertisements, or other information or content expressed or made available by third parties, including information providers, or any other user of GUAM-ASP.NET, are those of the respective author(s), distributor(s), or advertiser(s) and not of The .NET User Group of Guam. Neither The .NET User Group of Guam nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

(B) The .NET User Group of Guam neither endorses nor is responsible for the, accuracy or reliability of any opinion, advice or statement made on GUAM-ASP.NET by anyone other than authorized The .NET User Group of Guam employee spokesperson while acting in their official capacities. Under no circumstances will The .NET User Group of Guam be liable for any loss or damage caused by a your reliance on information obtained through GUAM-ASP.NET. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through GUAM-ASP.NET.


11. Miscellaneous Terms.
This Agreement and any operating rules of GUAM-ASP.NET established by The .NET User Group of Guam constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the United States Territory of Guam. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach of default. The section headings used herein are for convenience only and shall not be given any legal import.


12. Copyrights and Copyright Agent.
The .NET User Group of Guam respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The .NET User Group of Guam's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright 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;
3. 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;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. 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.

All notices of claims of copyright infringement on or regarding GUAM-ASP.NET should be forwarded to The .NET User Group of Guam's Copyright Agent as indicated below:



Copyright Agent
Attn: Mr. Jason A. Salas
President, .NET User Group of Guam
Email:
jason@kuam.com 
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Maybe a random tip or quick info. "Did you know?" kinda thing...

 

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