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CONDITIONS OF USE
1. VISITOR'S AGREEMENT AND RULES OF CONDUCT FOR
the GDSX, Ltd. Web Site
Use and participation in GDSX, Ltd.'s Web site is contingent upon your
acceptance of the following terms and rules. By using our Web site, you accept
these terms. In addition, your continued use of our Web sites after a change
has been made to the policies of our Web site implies your assent to those
changes.
2. RULES OF CONDUCT
GDSX, Ltd. is not responsible for any material posted on our message boards or
other forums.
a. You shall not post or transmit through GDSX, Ltd.'s Web sites any
defamatory, threatening, obscene, harmful, pornographic or other material which
would violate or infringe in any way upon the rights of others, or which would
give rise to criminal or civil liability and/or violate federal or local law or
regulation. GDSX, Ltd. will fully cooperate with any law enforcement
authorities or court order requesting or directing GDSX, Ltd. to disclose the
identity of anyone posting any such emails or materials. Further, you shall not
post or transmit through GDSX, Ltd. any material which advertises or otherwise
solicits funds or is a solicitation for goods or services.
b. You shall not upload, post, or otherwise make
available on GDSX, Ltd. Web sites any material protected by copyright,
trademark or other proprietary right without the express permission of the
owner of such copyright, trademark or other proprietary interest.
c. You shall not upload, post or transmit through
GDSX, Ltd.'s Web sites any advertisements, chain letters, pyramid schemes, or
spamming of the same message to multiple boards.
d. By posting messages, uploading files, entering
data, or engaging in any other form of communication through GDSX, Ltd.'s Web
sites, you hereby waive any and all rights to any stories, ideas, drawings,
opinions, and other creative "materials" posted to GDSX, Ltd.'s Web site. You
authorize GDSX, Ltd. to utilize, royalty-free, in any manner it sees fit and
for eternity, the materials posted on the site, which shall become the property
of GDSX, Ltd. and shall include the right to exploit any proprietary rights in
such communication, including, but not limited to, rights under copyright,
trademark, service mark, or patent laws under any relevant jurisdiction. You
release GDSX, Ltd. from any and all claims or liability (now known or hereafter
arising) in connection therewith, and you agree to indemnify GDSX, Ltd. in
connection therewith pursuant to the terms of Paragraph 3 below. You agree and
acknowledge that your participation in GDSX, Ltd.'s Web sites shall not give
rise to any confidential, fiduciary, implied-in-fact, implied-in-law,
contractual or other special relationship between you and GDSX, Ltd. (other
than the contractual relationship entered into between you and GDSX, Ltd. by
virtue of your agreement to the terms and Conditions of Use).
3. VISITOR'S INDEMNIFICATION / OBLIGATIONS
a. In consideration for your use of and access to GDSX, Ltd. Web
site, you agree that in no event will GDSX, Ltd., its affiliated or related
entities, its content providers or any other party involved in creating,
producing or delivering this Web site or any site linked to or from this Web
site, be responsible or liable to you or entity in any manner whatsoever
(including, but not limited to, persons who may use or rely on such data or
materials or to whom such data and materials are furnished) for any loss,
damage (whether actual, consequential or punitive), injury, claim, liability,
or other cause of any kind or character whatsoever based upon or resulting from
any information provided in GDSX, Ltd.'s web site, or arising from any decision
made or action or non-action taken by you or any other person in reliance upon
the information provided through GDSX, Ltd. Web sites, even if you advise GDSX,
Ltd. of the possibility of any claims or damages.
b. You, as a visitor and/or user of GDSX, Ltd.'s Web
site, agree to defend, indemnify, and hold harmless GDSX, Ltd., its parents,
subsidiaries, and affiliated companies and their respective directors,
officers, employees, and agents from and against all claims, losses, costs, and
expenses (including attorneys' fees) arising out of your use of the GDSX, Ltd.
Web site, or arising out of any violation of laws or these Rules of Conduct
committed by you, including, without limitation, any communication by you which
is claimed to be defamatory, obscene or otherwise unlawful, or which is claimed
to violate the copyright, trademark, proprietary or other rights of third
parties, or which constitutes a submission of materials.
4. TERMINATION
GDSX, Ltd. shall have the right to immediately terminate your use of the GDSX,
Ltd. Web site if GDSX, Ltd. determines, in its sole discretion, that you have
violated the Rules of Conduct set forth above in Paragraph 2 or otherwise
breached this agreement, or have engaged in conduct which GDSX, Ltd.
determines, in its sole discretion, to be unacceptable. While GDSX, Ltd.
recognizes that its message boards may be regarded as a public forum, it is not
applicable under the First Amendment as a venue of free speech. GDSX, Ltd.
reserves the right to remove any postings to our message boards at our sole
discretion.
5. DISCLAIMER
GDSX, Ltd. has made and will continue to make efforts to include accurate and
current information on this Web site. However, the materials in the GDSX,
Ltd.'s Web site are provided "as is" and to the fullest extent permissible
pursuant to applicable law, GDSX, Ltd. disclaims all warranties, express or
implied, including, without limitation, implied warranties of merchantability
and fitness for a particular purpose. GDSX, Ltd. does not assume any
responsibility or risk for your use of the Web site. GDSX, Ltd. does not
warrant that the functions contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that GDSX, Ltd.'s Web sites or
server that makes such sites available are free of viruses or other harmful
components. GDSX, Ltd. does not warrant or make any representations regarding
the use or the results of the use of any of the materials on GDSX, Ltd.'s Web
site in terms of their correctness, accuracy, reliability, completeness,
timeliness, or otherwise. None of the information contained in this Web site
shall be construed as an indication of GDSX, Ltd.'s views, opinions or
recommendation, or endorsement thereof. Except as specifically stated
otherwise, GDSX, Ltd. does not endorse, operate, control or assume
responsibility for any product, brand, method, treatment, information or
services on the Web site, in any way. You assume the sole cost of all necessary
servicing, repair, or correction. Applicable law may not allow the exclusion of
implied warranties, so the above exclusion may not apply to you.
6. MISCELLANEOUS
This agreement constitutes the entire agreement of the parties with respect to
the subject matter hereof and supersedes all prior or contemporaneous written
or oral agreements between the parties with respect to the subject matter
hereof. This agreement shall be construed in accordance with the laws of the
State of Texas, and the parties consent to the jurisdiction of the courts in
the County of Dallas, without regard to its conflict of laws. If any term or
provision of this agreement is held to be invalid, illegal or unenforceable,
the remaining portions of this agreement shall continue to be valid and will be
performed, construed, and enforced to the fullest extent permitted by law, and
the invalid, illegal or unenforceable term or provision will be amended and
limited in accordance with the intent of the parties, as determined from the
face of this agreement, to the extent necessary to permit the maximum
enforceability and/or validation of such term or provision.
COPYRIGHTS © / TRADEMARKS (TM)
© 2004 GDSX, Ltd. All trademarks are owned by GDSX, Ltd. or are used under
license. All rights reserved. The images and materials found in the Web site
are copyrighted or otherwise proprietary and may be downloaded and/or reprinted
for personal use only. Permission to reprint or electronically reproduce any
document, stills, audio, video footage or any other materials in whole or in
part for any reason is expressly prohibited, unless prior written consent is
obtained from the respective copyright holder(s).
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