Last Revised: November 4, 2012
Effective as of March 2008
Use of the Services of the GF SOCIAL LIFE.COM™ community (the "Community") owned by GF PRO MEDIA LLC. (GF SOCIAL LIFE.COM™, "us", or "we") operates on our Web site, located at http://www.greekflix.com or http://www.gfsociallife.com (the "Web site"), you agree to abide by these Terms of Service (this "Agreement"), whether or not you register as a member of the Greek Community ("Organization,” “Member,” “Affiliate,” or “Guest") and also are subject to all applicable local, state, national and international laws and regulations. The GF SOCIAL LIFE.COM™ services (the "Services") consisting of the Community and the Web site provides a collection of online resources, including search, browse, user profile pages, community pages, event detail pages, venues and places to go detail pages, performer detail pages, the media service, comments, link sharing, and data input tools, and Web Services. If you wish to become a Member and/or user of GF SOCIAL LIFE.COM™ Services, these terms of service rules will apply. If you do not agree to these terms, do not use the GF SOCIAL LIFE.COM™ Web site. This Agreement sets out the legally binding terms for your membership and may be modified by GF SOCIAL LIFE.COM™ from time to time. Any modifications shall be effective upon postings by GF SOCIAL LIFE.COM™ Web site.
NO SPAM POLICY
GF SOCIAL LIFE.COM™ has a no tolerance spam policy. In utilizing the GF Social Life Web site, you understand and agree that sending unsolicited e-mail advertisements to GF SOCIAL LIFE.COM™ or Greekflix.com e-mail addresses or through GF SOCIAL LIFE.COM™ computer systems and servers, is prohibited by these Terms. Any unauthorized use is a violation of these Terms and certain federal and state laws, including without limitation The Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. Such violations may subject the sender and his or her agents to civil and criminal penalties. If you know of, or suspect any violators, please notify us immediately at email@example.com.
NOTICE REGARDING COMMERCIAL E-MAIL
By joining this social network, members consent to receive commercial e-mail messages from GF Social Life and acknowledge and agree that their e-mail addresses may be used by GF Social Life and Greekflix.com for the purpose of initiating commercial messages and newsletters; which can be opted-out at any time via the unsubscribe link.
GF SOCIAL LIFE.COM™ reserves the right to refuse or remove any comment that does not comply with these guidelines or the GF SOCIAL LIFE.COM™ Terms of Service and can terminate your account (including e-mail) for any violation. GF PRO MEDIA & GF SOCIAL LIFE.COM™ Web site is not responsible or liable in any way for comments posted by its users, however you can report any comments for removal that use profanity, vulgarity, obscenities, or inappropriate language, threaten another's personal safety or property, make false statements, defame, or impersonate someone else.
**Do not post personal information like your phone number, mailing address, bank account number, credit card information or social security numbers.
CONTENT & AFFILIATE/PARTNER TERMS:
THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE SIXTEEN (16) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE ATLEAST SIXTEEN (16) YEARS OLD. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Web site and have not yet registered to become a Member, your use of the Web site is still subject to this Agreement. If you do not agree to this Agreement, do not use the Services.
You are entirely responsible for maintaining the confidentiality of your passwords. You also agree not to use the Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.
3. TERMS OF SERVICE
This Agreement will remain in full force and effect while you use the Services and/or are an Admin or Member. You may terminate your membership at any time, for any reason by following the instructions on the "Help" pages, or upon receipt by GF SOCIAL LIFE.COM™ of your written or e-mail notice of termination. GF SOCIAL LIFE.COM™ may terminate your access to the Web site. GF SOCIAL LIFE.COM™ may terminate your membership for any reason effective upon sending notice to you at the e-mail address you provide in your registration or application for membership or such other e-mail address as you may later provide to GF SOCIAL LIFE™.
4. ADVERTISERS & THIRD PARTY CONTENT
5. PROPRIETARY RIGHTS IN THE SERVICE
GF PRO MEDIA and the GF SOCIAL LIFE.COM™ Web site own and retain all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of GF SOCIAL LIFE.COM™ and its licensors, including other hi5 Members. Except for Intellectual Property, which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content and material included therein.
You understand and agree that GF SOCIAL LIFE.COM™ may (but is not obligated to) review or delete any classified ads, content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of GF SOCIAL LIFE.COM™ violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to GF SOCIAL LIFE.COM™ an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Web site ("Prohibited Content"). GF SOCIAL LIFE.COM™ reserves the right (but is not obligated to) investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators. Prohibited Content includes content that:
(a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
(d) promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;
(e) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(f) displays pornographic or sexually explicit material of any kind and in any form;
(g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(h) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(i) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users;
(j) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
(k) otherwise violates the terms of this Agreement or creates liability for GF PRO MEDIA AND GF SOCIAL LIFE.COM™ Web site.
7. YOUR MEMBER PROFILE
Any Content used or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit material, or offensive subject matter. You may not post a photograph of another person without that person's permission.
8. COPYRIGHT POLICY
All Logos utilized throughout GF SOCIAL LIFE.COM™ of an organization, by description, item, or event, is protected by copyright and/or trademark of that organization. The use of low-resolution images hosted on the GF SOCIAL LIFE.COM™ Web site is of logos for certain uses involving identification and critical commentary may qualify as fair use under United States Copyright law. Any other use of posted logos and images, on the GF SOCIAL LIFE.COM™ Web site, may be copyright infringement. Use of any logos does not imply endorsement of the organization by GF SOCIAL LIFE.COM™ or its subsidiaries, nor does imply endorsement of GF SOCIAL LIFE.COM™ Members of the GF SOCIAL LIFE.COM™ community may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Also provide the description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and e-mail address.
Report all claims to:
GF PRO MEDIA (SUITE 204)
1571 IRVING STREET
RAHWAY, NJ 07065
9. MEMBER DISPUTES
Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that GF SOCIAL LIFE.COM™ will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Members use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), GF SOCIAL LIFE.COM™ is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
To the extent permitted under applicable laws, you hereby release GF SOCIAL LIFE.COM™ from any liability related to: (1) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (2) the conduct, whether online or offline, of any user of the Services or Member; (3) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or Content players on account of technical problems or traffic congestion on the Internet or at any Web site, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (4) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Web site and/or Members, whether online or offline; and (5) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Web site user or Member communications.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND GF SOCIAL LIFE.COM™ EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND GF SOCIAL LIFE.COM™ DOES NOT GUARANTEE AND DOES NOT PROMISE (1) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (2) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (3) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (4) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. GF SOCIAL LIFE.COM™ DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION ON LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, GF SOCIAL LIFE.COM™ SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GF SOCIAL LIFE.COM™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU SPECIFICALLY ACKNOWLEGE THAT GF SOCIAL LIFE.COM™ SHALL NOT BE LIABLE FOR USER SUBMISSIONS OF THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. GOVERNING LAW AND ARBITRATION.
The laws of the State of New Jersey and/or the laws of the jurisdiction where you are located shall govern this Agreement. You shall comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the services. GF SOCIAL LIFE.COM™ may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
14. ELECTRONIC COMMUNICATIONS.
The communications between you and GF SOCIAL LIFE.COM™ use electronic means, whether you visit the Web site or send us e-mails, or whether GF SOCIAL LIFE.COM™ posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from GF SOCIAL LIFE.COM™ in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GF SOCIAL LIFE.COM™ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable-rights.
You agree to indemnify and hold GF PRO MEDIA & GF SOCIAL LIFE.COM™ or GREEKFLIX™, its subsidiaries, affiliates, officers, operating managers, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS STATED.