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Last Updated: February 7, 2007
Welcome to Getting To The Quad Website ("GTTQW"), a service owned and operated by Squall, LLC dba Lion Eyes Creations ("Squall"). We hope you will enjoy and participate in the many services and contents found on our site. By using our service, you are agreeing to be bound by these terms and conditions ("Agreement"). This Agreement sets out legally binding terms of your use of the GTTQW and your membership may be modified by Squall at any time and without prior notice, such modifications to be effective upon posting by Squall on GTTQW. Your continued use of GTTQW means that you accept any new or modified terms and conditions. Please check back here from time to time.
By registering and/or submitting content you certify that all information you provide in the registration is accurate. Each GTTQW user may only maintain one active registration. By accepting this Agreement, you certify that you personally have no other registration with GTTQW.
Eligibility
You must be 13 or over to register as a member of GTTQW or use GTTQW. Membership is void where prohibited. By using GTTQW, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all terms and conditions herein.
Children's Privacy
Squall sites are not directed at children under the age of 13. We operate our sites in compliance with the Children's Online Privacy Protection Act and will not knowingly collect or use personally identifiable information from anyone under 13.
Term
This Agreement will remain in full force and effect while you use GTTQW or are a member. Squall may terminate membership for any reason; even after membership is terminated, the terms and conditions of this shall survive such termination.
Our Content Is Copyrighted
The content on this site is protected by U.S. and international copyright laws and is the property of Squall, its assigns or licensees. By "content" we mean any information, mode of expression, or other materials and services found on GTTQW. This includes, without limitation, message boards, chats, software, our writings, graphics, any and all other features found on the site, and the selection and arrangement of all such materials.
GETTING TO THE QUAD and any related logos and marks are trademarks or service marks of Squall and all rights in such trademark and service marks are reserved by Squall.
All information that is submitted to GTTQW will become the property of Squall and its assigns or licensee. A party making a submission will have no rights to his/her submission, and agrees to execute necessary paperwork to ensure Squall's ownership rights.
You may make one copy of the content you find on this site for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 2006-2007 Squall, LLC. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any sort of commercial use of our content is prohibited without our prior written permission. Notwithstanding the foregoing, if you believe that your work has been copied and posted on GTTQW in a way that constitutes copyright infringement, please notify us immediately with the following information: 1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2) a description of the copyrighted work that you claim has been infringed; 3) a description of where the material is located on our site; 4) appropriate contact information, including address, telephone number, and email; 5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6) a statement by you, made under penalty of perjury, that the above information submitted to Squall is accurate and you have the proper authority to act on such a matter. Please submit claims to Lion Eyes Creations, P.O. Box 43268 Cincinnati, OH 45243.
By submitting or posting information or content (“Submissions”) to GTTQW you automatically grant and represent and warrant that you have the right to grant Squall an irrevocable, perpetual, exclusive, royalty-free, fully paid, worldwide license to use, copy, perform, display and distribute such Submissions and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing.
You understand and agree that Squall may review, delete, and/or edit any content at its discretion.
Conduct
Squall and GTTQW supports the exchange of ideas, thoughts, and experiences amongst our readers in a lawful and civil manner. Accordingly, you agree to use GTTQW for lawful purposes only. You may not nor may you allow others to:
- Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
- Post or transmit any material that you don't have the right to transmit under law (such as copyright, trade secret, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Post, transmit, or link to sexually explicit material;
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
- Intentionally violate any other applicable law or regulation while accessing and using our site;
- Offer, sell, or buy any security;
- Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
Squall reserves the right to investigate and take legal action in its sole discretion against any violations of this Agreement and/or any immoral or illegal activities. You agree to indemnify Squall, and its associated entities, and hold us harmless from any actions, claims, proceedings, or liabilities arising out of your violation of these terms and conditions. You are responsible for all statements made and acts that occur through the use of your user name and password; do not disclose your information to anybody. If it has been lost or stolen, please contact us as soon as possible.
Community Posting Guidelines
Before posting on Getting To The Quad Message Boards, please follow these guidelines:
Make Your Posts Informative
Posts are meant to be inquisitive and/or informative. When making a post, make sure that you do all necessary research and make statements describing how you came about such knowledge. For instance, if you are posting tips on buying a car, please note where your knowledge came from, such as your own experiences of buying a car.
Posting Disagreements
We will not tolerate personal attacks in any message area, and such attacks will be removed once their presence is confirmed. The many people who read through our message boards do so primarily to locate information and opinion; Squall, at its sole discretion, will take necessary steps if a disagreement arises.
Format
As well as you can, format your posts to look like the print in a respectable newspaper. That means employing capital and lowercase letters in a traditional manner. Posts formatted in a professional manner will likely be read more, and thereby help more people.
Excerpts
Your posted notes may be excerpted by Getting To The Quad.
Copyright Violations
It is a violation of our Rules and United States law -- to copy materials from copyrighted sources and post them on our message boards or in an email. Such postings may be a violation of copyright law. Contributors may summarize articles and other writings and post an occasional sentence or two, but not the entire piece. Articles copied into our boards in their entirety will be removed. Summarizing is giving a brief outline of the article in your own words, or the quoting of brief passages in combination with your own relevant thoughts. Repeat violators of this Rule are subject to action, up to and including account termination.
No Advertising or Solicitation
It is against our Rules to advertise or solicit business any place in the GTTQW without our permission. This Rule is strictly enforced, and if violated, may result in the termination of your account. Solicitation includes, but is not limited to: requests to be e-mailed, the posting of phone numbers for your business, and the posting of one's own Web site address, if that site has a substantial commercial element to it.
No Spamming
It is prohibited to post the same note on multiple occasions in a single day. Repeat violators of this rule will have their account terminated.
Disclaimer of Warranties and Liabilities
GTTQW provides a broad range of information, services, commentary, and entertainment. We cannot and do not warrant the completeness or accuracy of the content found in our web site, or its usefulness for any particular purpose. Squall will make best efforts to disseminate information in a timely manner and make necessary edits, corrections, and comments as they are noted, but Squall cannot make explicit promises.
Under no circumstances will Squall or its associated entities be liable for direct, indirect, incidental, or any other type of damages resulting from your use or downloading of any content on our site. This includes but is no way limited to, loss or injury caused in whole or in part by our negligence or by matters beyond our control in creating or delivering any portion of GTTQW.
The GTTQW is to be used as a starting point and a general reference tool. This is not a substitute for professional advice. If you have questions or concerns regarding legal, medical, financial, or similar issues you should always contact a professional.
The information included has been obtained from resources that we believe to be reliable. We have done our best to provide an unbiased and truthful guide. We do not make any warranty, either expressed or implied, that the information is fitting or sufficient for every person or situation. The information presented may become out of date. Naturally, the contents are not intended to be used to violate any law. The reader assumes any risk; ultimately you are responsible for your own actions. The authors and the publisher will not be liable for any damages or losses resulting from the contents of this guide or its use.
Furthermore, Squall will not take responsibility for the accuracy and completeness of any postings or any other information that is found on GTTQW. Remember: All information and content provided on GTTQW is to be used on an "as is" basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS GTTQW IS AT YOUR SOLE RISK. SQUALL EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH GTTWW AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Squall will not be held responsible or liable for any content on third party sites, including, but not limited to, pictures, videos, and advertisements, that are reached via the GTTQW. All content not under the direct control of Squall or created for the GTTQW is used and viewed at user's own risk. Postings that include links to websites outside the GTTQW may not all be checked by Squall, and are to be used at own risk.
SQUALL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GTTQW OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SQUALL, ITS EMPLOYEES, AFFILIATES OR ANY OTHER PARTIES INVOLVED IN CREATING, DELIVERING, PROMOTING, OR GTTQW BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON GTTQW, EVEN IF SQUALL OR ITS AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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, ACT OF GOD/ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF GTTQW, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification
You agree to indemnify and hold Squall, its subsidiaries, affiliates, officers, agents, 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 GTTQW, information found on GTTQW, breach of this Agreement, and/or breach of your representations and warranties herein.
Misc.
No agency, partnership, joint venture, employer-employee or any other type of relationship exists between users and Squall.
The failure of Squall to exercise or enforce any right or provisions of this Agreement shall not constitute a waiver of such right or provision. If any provision in this Agreement is invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This Agreement is and always will be governed by the laws of the United States of America and the State of Ohio (except with respect to choice of law). You agree that the only proper forum for any claim arising under this Agreement will be the appropriate Ohio State or Federal court and you consent to the exclusive jurisdiction and venue in such courts.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in this provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use GTTQW must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These same terms and conditions also apply as appropriate to your use of our online store, our PDF's, or any other offering by Squall.
Please contact us with any questions regarding this agreement.
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