Terms of Use
Welcome to this website of Global File Registry, Inc.
(the "Site", "GFR").
Introduction
Please read the following Terms and Conditions of Use carefully before using
this Site or downloading, using or signing up for any of our products or
services, so that you are aware of your legal rights and obligations with
respect to Global File Registry, Inc. and its parents, affiliates and
subsidiaries (individually and collectively, "GFR").
By using this
Site, the Services, or downloading the Software, you signify your irrevocable
acceptance of these Terms and Conditions of Use. You also agree to ensure that
anyone who uses this Site, the Software or the Services on your computer also
abides by the Terms and Conditions of Use. GFR has the right to revise the
Terms and Conditions of Use at any time without providing notice to its users.
Your continued use of this Site, the Software or the Services shall be deemed
irrevocable acceptance of those revisions. We reserve the right to change,
modify, suspend or discontinue any portion of this Site, the Software or the
Services at any time. We may also impose limits on certain features or restrict
your access to parts or the entire Site without notice or liability.
Using this Site
you may access some or all of the Software.
As used in this Terms and Conditions of Use, the term Software includes:
-
any
sample GFR-enabled P2P applications made available on this Site
-
the
GFR Content Hashing Utility
-
any
other software owned or controlled by GFR which you have selected for
downloading and installation, and
-
any
online or enclosed documentation, data distributed to your computer for
processing and any future programming fixes, updates and upgrades provided to
you, and
-
any
online services, including server-to-server and client-server services,
provided by GFR
- Using this Site
or the Software, you may access some or all of the services (the Services)
offered by GFR and its licensors and authorized business partners.
Privacy
Your privacy is very important to us. To better protect your rights we have
provided a Global File Registry Privacy Policy to explain our privacy practices
in detail - please refer to that Privacy Policy for details.
Use of
Materials
All materials published by GFR on this Site (including, but not limited to,
text, images, illustrations, video and audio clips, etc.) are owned or
controlled by GFR, its subsidiaries or affiliated companies or a third-party
provider, and are protected by copyright and are sometimes referred to as
"Materials." The Materials may not be copied, reproduced, uploaded or
transmitted in any way unless specifically authorized by GFR. Making
modifications to the Materials or creating derivative works based on the
Materials is prohibited, as is using the Materials on any networked computer
environment or other website.
Use of
Software
The Software made available by download from this Site, other than the Sample
P2P Applications described below, is the copyrighted work of GFR. Use of the
Software is governed by the terms of the end user license agreement that
accompanies or is included with such Software. You will not be able to download
or install any Software that is accompanied by or includes an end user license
agreement unless you agree to the terms of such end user license agreement. If
you do not agree to such terms, you will not be able to use the Software.
Sample P2P
Applications
For the purpose of demonstrating GFR’s ability to remove, filter or prevent
download of infringing content on networks, including P2P networks, GFR has
made available for download on this Site a number of open-source P2P
applications which have been modified to include GFR content take-down
capability. These modified P2P applications are provided here strictly for test
and evaluation purposes, and GFR’s provision of such applications in no ways
condones the use of such applications for downloading or sharing copyright
infringing material.
These sample P2P applications have been created by GFR based on publicly
available open-source code. These modified P2P applications have not been
endorsed or approved by the original creators of said applications, and their
presence on the GFR site does not imply that any such endorsement has been
requested or granted.
Disclaimer
THE SITE, THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS" AND
THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GFR, EITHER EXPRESS,
IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, THE SOFTWARE OR THE SERVICES,
INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY
WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
GFR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SOFTWARE OR THE
SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE,
ACCURATE, COMPLETE OR ERROR-FREE.
YOU ACKNOWLEDGE
THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, THE
SOFTWARE AND THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
Some states do
not allow the disclaimer of implied warranties, so the foregoing disclaimer may
not apply to you. This warranty gives you specific legal rights and you may
also have other legal rights that vary from state to state. Limitation of
Liability
IN NO EVENT
SHALL GFR BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE
(WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR
OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER
FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE,
THE SOFTWARE OR THE SERVICES, EVEN IF GFR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
YOUR ONLY RIGHT
WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE
AND/OR THE SERVICES IS TO DISCONTINUE ANY USE OF THE SITE AND/OR UNINSTALL AND
CEASE USE OF SUCH SOFTWARE AND SERVICES.
Some states do
not allow the limitation of liability, so the foregoing limitation may not
apply to you.
Term of Use
The license for use of this Site and aspects of the Services which may be
accessed through this Site is effective until terminated. This license will
terminate upon conditions set forth elsewhere within this Terms and Conditions
of Use or if you fail to comply with any term or condition of this Terms and
Conditions of Use. In such event, no notice shall be required by GFR to effect
such termination. The license for use of the Software and aspects of the
Services which may only be accessible through the Software is governed by the
Software's end user license agreement.
Links to
Third Party Sites
Links on this Site will let you leave the GFR Site. These links are provided as
a courtesy only, and the sites they link to are linked are not under the
control of GFR in any manner whatsoever. Therefore, GFR is in no manner
responsible for the contents of any such linked site or any link contained
within a linked site, including any changes or updates to such sites. GFR is
providing these links merely as a convenience, and the inclusion of any link
does not in any way imply or express affiliation, endorsement or sponsorship by
GFR of the site and/or any of its content therein.
Accounts and
Security
GFR does not warrant that the functions contained in this Site, the Software or
the Services will be uninterrupted or error-free, that defects will be
corrected or that this Site or the server that makes it available will be free
of viruses or other harmful components. You must register with GFR to open an
GFR account (Account) for the purpose of utilizing certain of GFR’s Services.
As part of the registration process, each user will select a password
("Password") and User Name ("User Name"). You shall provide
GFR with accurate, complete, and updated Account information. Failure to do so
shall constitute a breach of this Terms and Conditions of Use, which may result
in immediate termination of your Account. You may not (i) select or use a User
Name of another person with the intent to impersonate that person; (ii) use a
name subject to the rights of any other person without authorization; or (iii)
use a User Name that GFR, in its sole discretion, deems inappropriate or
offensive. You shall notify GFR of any known or suspected unauthorized use(s)
of your Account, or any known or suspected breach of security, including loss,
theft, or unauthorized disclosure of your Password. You shall be responsible
for maintaining the confidentiality of your Password. GFR may immediately
terminate your Account, or suspend your access to your Account, without notice,
for conduct that GFR believes is: (i) illegal, fraudulent, harassing or
abusive;(ii) a violation of this Terms and Conditions of Use, any other
policies or guidelines posted by GFR; or (iii) harmful to other users, third
parties, the Services, or the business interests of GFR. If GFR has terminated a
portion, but not all, of your access to the Services for the foregoing reasons,
you will nevertheless be responsible for the all charges for the Services, if
any. Use of an Account for illegal, fraudulent or abusive purposes may be
referred to law enforcement authorities without notice to you. If you file a
claim against GFR, or a claim which in any way involves GFR, then GFR may
terminate your Account. Upon termination of your Account by GFR for any of the
above-mentioned reasons, you will not establish a new Account for a period of
not less than five years from the date of termination. Upon termination of your
Account, GFR will have no obligation to notify any third parties nor will GFR
be responsible for any damages that may result or arise out of termination of
your Account.
Online
Behavior
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not GFR, are entirely responsible for all Content that you
upload, download, post, email, transmit or otherwise make available via this
Site, the Software or the Services. GFR does not control the Content posted via
this Site, the Software or the Services and does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using this Site,
the Software or the Services, you may be exposed to Content that is offensive,
indecent or objectionable and you may be exposing others to Content that others
find objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. You acknowledge that you
may not rely on any Content submitted to GFR including, through this Site or
the Services.
Notwithstanding anything to the contrary, you may not:
-
remove
any proprietary notices from this Site, Services, the Software or any copy
thereof;
-
cause,
permit or authorize the modification, creation of derivative works;
translation, reverse engineering, decompiling or disassembling of the Software;
-
sell,
assign, rent, lease, act as a service bureau, or grant rights in the Software
or Services, including, without limitation, through sublicense, to any other
entity without the prior written consent of GFR;
-
export
or re-export the Software in violation of
export laws;
-
use
this Site, the Software or Services for any commercial purpose or the benefit
of any third party or any manner not permitted by the license grant;
-
use
the GFR Software or Services to access any content files accessible through the
GFR Software without the permission of the publisher of the content files;
-
copy
the GFR Software (other than a single copy for your own backup purposes);
-
access,
create or modify source code of the Software in any way;
-
use
the GFR Software or Services to, or in any way that would, violate any applicable
law, regulation or ordinance; or
-
use
the GFR Software or Services to develop, generate, transmit or store
information that: (A) infringes any third party's intellectual property or
other proprietary right; (B) is defamatory or harmful; or (C) in any way
obstructs or otherwise interferes with the normal performance of another
person's use of the GFR Software or Services.
GFR may be
required to disclose information to individuals asserting rights under the
Digital Millennium Copyright Act, and you expressly authorize GFR to comply
with any and all lawful notices, subpoenas, court orders or warrants without
prior notice to you.
Your
Representations and Warranties
You represent, promise and warrant that:
-
you
possess the legal right and ability to enter into this Terms and Conditions of
Use and to comply with its terms;
-
you
will use this Site, the Software and Services for lawful purposes only and in
accordance with this Terms and Conditions of Use, applicable end user license
agreement(s) and all applicable laws, regulations and policies;
-
you
will not attempt to decompile, reverse engineer or hack the Software, or the
Services or to defeat or overcome any encryption and/or digital rights
management technology implemented by GFR with respect to this Site, the
Software, the Services and/or data transmitted, processed or stored by GFR, the
Software or the Services;
-
you
will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or
in any manner compromise any security measures employed by GFR;
-
you
will not take any steps to interfere with or in any manner compromise any of GFR's
security measures, the security measures of GFR's third party partners, or
other GFR Providers; and
-
you
will only use this Site, the Software and Services on a computer on which such
use is authorized by the computer's owner.
Notification
of Copyright Infringement
GFR will investigate notices of copyright infringement and take appropriate
actions. If you believe that your work has been used or copied in a way that
constitutes copyright infringement and such infringement is occurring on or
through this Site, the Software or the Services, please notify GFR's Copyright
Agent. Pursuant to Title 17, United States Code, Section 512(c)(3), a
notification of claimed infringement must be a written communication addressed
to the designated agent as set forth below (the Notice), and must include
substantially all of the following:
(a) a physical or electronic signature of the person authorized to act on
behalf of the owner of the copyright interest that is alleged to have been
infringed;
(b) a description of the copyrighted work or works that you claim have been
infringed (Infringed Work) and identification of what material in such work(s)
is claimed to be infringing (Infringing Work) and which you request to be
removed or access to which is to be disabled;
(c) a description of the exact name of the file on the GFR Software, the
Services or this Site (and the Unique Identifier of the file, if it appears on
this Site) that you claim is infringing or if the infringed work appears on a
site linked to from this Site, the Software or Services, where the material
that you claim is infringing is located on such site;
(d) information sufficient to permit GFR to contact you, such as your physical
address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the
material identified in your Notice in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
(f) a statement by you that the information in your Notice is accurate and,
under penalty of perjury that you are the copyright owner or authorized to act
on the copyright owner's behalf.
To reach GFR's
Copyright Agent for Notice of claims of copyright infringement:
By mail:
Copyright Agent, GFR Inc.
14011 Ventura Boulevard, Suite 501
Sherman Oaks, CA, 91423,USA
By fax: (818)
386-2179
The copyright
agent should only be contacted if you believe that your work has been used or
copied in a way that constitutes copyright infringement and such infringement
is occurring or through this Site, the Software or Services. All other
inquiries directed to the copyright agent will not be responded to.
Export
Control Law; Notice to U.S. Government Users
The export and re-export of the Software is controlled by the United States
Export Administration Regulations and such software may not be exported or
re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any
country to which the United States embargoes goods. In addition, GFR software
may not be distributed to persons on the Table of Denial Orders, the Entity
List, or the List of Specially Designated Nationals. By downloading the
Software or using the Services, you are certifying that you are not a national
of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to
which the United States embargoes goods and that you are not a person on the
Table of Denial Orders, the Entity List, or the List of Specially Designated
Nationals. All GFR products and publications are commercial in nature. The
Software and documentation available on this Site are "Commercial
Items," as that term is defined at 48 C.F.R. '2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R. '12.212 or 48 C.F.R.
'227.7202, as applicable. Consistent with 48 C.F.R. '12.212 or 48 C.F.R.
''227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are licensed to U.S.
Government end users (i) only as Commercial Items and (ii) with only those
rights as are granted to all other end users pursuant to the terms and
conditions herein. Severability
If any provision
of these Terms and Conditions of Use shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
terms and conditions and shall not affect the validity and enforceability of
any remaining provisions.
Indemnity
You agree to indemnify, hold harmless and defend Global File Registry, Global
File Registry Providers, Global File Registry's third party partners, their
affiliates, parent companies, subsidiaries, officers, directors, employees,
advertising and promotions agencies, representatives or agents (collectively,
the Indemnified Parties), at your expense, against any and all third-party
claims, actions, proceedings, and suits and all related liabilities, damages,
settlements, penalties, fines, costs and expenses (including, without
limitation, reasonable attorneys' fees and other dispute resolution expenses)
incurred by any Indemnified Party arising out of or relating to your (a)
violation or breach of any term of this Terms and Conditions of Use or any policy
or guidelines referenced herein, or (b) use or misuse of this Site, the
Software and/or Services.
Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary
designations of Global File Registry used herein are trademarks or registered
trademarks of Global File Registry. Any other trademarks, service marks and
trade names are the trademarks or registered trademarks of their respective
parties.
Miscellaneous
Global File Registry reserves all rights not expressly granted herein. Global
File Registry may modify this Terms and Conditions of Use at any time by
posting the revised Terms and Conditions of Use on this Site. Your continued
use of this Site, the Software and/or Services shall constitute your acceptance
of such revised Terms and Conditions of Use. You may not assign any rights
granted to you hereunder. Nothing in this Terms and Conditions of Use shall
constitute a partnership or joint venture between you and Global File Registry.
Should any term or provision hereof be deemed invalid, void or unenforceable
either in its entirety or in a particular application, the remainder of this
Terms and Conditions of Use shall nonetheless remain in full force and effect.
The failure of Global File Registry at any time or times to require performance
of any provision hereof shall in no manner affect its right at a later time to
enforce the same unless the same is waived in writing. This Terms and
Conditions of Use shall be governed by and construed in accordance with the
laws of the State of
California10.0pt;
without regard to its conflict of law rules. Any legal
proceeding arising out or relating to this Terms and Conditions of Use against
or relating to Global File Registry or any Indemnified Party under this Terms
and Conditions of Use will be subject to the exclusive jurisdiction of any
state or federal court sitting in
Los Angeles
,
California
and you irrevocably consent to the
jurisdiction of such courts. The terms set forth in this Terms and Conditions
of Use and any agreements included or referred to in this Terms and Conditions
of Use constitute the final, complete and exclusive agreement with respect to
this Site, the Software and Services and may not be contradicted, explained or
supplemented by evidence of any prior agreement, any contemporaneous oral
agreement or any consistent additional terms.
If you have any
questions or concerns about this Terms and Conditions of Use or any issues raised
in this Terms and Conditions of Use or on this Site, please contact us at
Global File Registry Customer Services,
14011 Ventura Boulevard, Suite 501
,
Sherman
Oaks,
CA
91423
,
USA
or by fax at (818)
386-2179.