IMPORTANT! - PLEASE READ CAREFULLY! YOUR USE OF THE GOFORIT.COM WEB SITE CONSTITUTES
YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES HEREIN CONTAINED!
ACCEPTANCE OF TERMS
These Terms of Service
and Conditions of Use are a legal agreement between you and GoForIt Entertainment LLC (alternatively referred to as
"GoForIt®," "The Company," "We," or "Us") and spell out the terms and conditions to which users of the
GoForIt.com Web site (the "Site" or the "Service") are expected to adhere. Please read it carefully before
accessing/using the GoForIt.com Web Site, because by accessing and using the GoForIt.com Web Site, you agree to be legally bound by our terms and Conditions of Use as well as the terms of our Privacy Statement which is hereby incorporated into these "Terms of Service"
(TOS). IF YOU DO NOT AGREE WITH OR DO NOT WISH TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEB SITE. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.
- Disclosure of Adult Content
- Personal and Noncommercial Use
- Your Responsibility
- Public Posting Areas
- Use and Storage of Information & Data
- System Integrity
- Modifications To Service
- Termination
- Product Descriptions
- Third Party Links
- Linking To GoForIt.com
- Software Available GoForIt.com
- Copyright
- Trademarks
- Copyright/Trademark Infringement
- General Privacy
- Use By Minors
- Disclaimer of Warranties
- Limitation of Liability
- Indemnity
- General
DISCLOSURE
OF ADULT CONTENT
GOFORIT.COM CONTAINS
HYPERLINKS TO THIRD PARTY WEB SITES THAT CONTAIN SEXUALLY ORIENTED ADULT
MATERIAL INTENDED FOR INDIVIDUALS 18 YEARS OF AGE OR OLDER AND OF LEGAL
AGE TO VIEW SEXUALLY EXPLICIT MATERIAL AS DETERMINED BY THE LOCAL AND
NATIONAL LAWS OF THE REGION IN WHICH YOU RESIDE. IF YOU ARE NOT YET 18, IF
ADULT MATERIAL OFFENDS YOU, OR IF YOU ARE ACCESSING THIS SITE FROM ANY
COUNTRY OR LOCALE WHERE ADULT MATERIAL IS SPECIFICALLY PROHIBITED BY LAW,
DO NOT ENTER THIS SITE.
PRIOR TO ACCESSING GOFORIT.COM,
YOU MUST AGREE TO
ALL OF THE FOLLOWING STATEMENTS:
Statement 1 - I am at least 18
years of age or older or 21 years old if that is the legal standard
required for viewing adult-only materials in my community.
Statement 2 - The material I'm viewing is for my own personal use and is
not to be viewed by minors or anyone else but myself.
Statement 3 - I am not a U.S. postal official or law enforcement agent or
acting as an agent thereof, or attempting to obtain any evidence for the
prosecution of any individual or corporation or for the purpose of
entrapment.
Statement 4 - I desire to receive, and have not been notified by the
postal service or any other governmental agency to intercept sexually
explicit material.
Statement 5 - I can stop receiving such material at any time by logging
off now and not returning.
Statement 6 - I believe in freedom of expression as provided for in the
constitution of the United States of America. I also believe that as an
adult, I have the unalienable right to read and/or view any type of
material I choose.
Statement 7 - At no time, will minors be subjected to adult material of
any kind.
Statement 8 - By entering this Web site I agree that the material contained
herein is not obscene or offensive in any way nor could it ever be
construed to be so. I also agree that the material presented herein is not
illegal and does not offend the standards of the community in which I live
(on my street in my village, community, city, state, province or country).
Statement 9 - If I choose to enter this web site, I will abide by the
publisher's terms of service, policies, notices and disclaimers.
Statement 10 - I am not accessing goforit.com or any of the material
contained within this web site to use against or cause harm to GoForIt
Entertainment, LLC, and/or its members, officers, directors, owners, agents,
information providers, affiliates, licensors and licensees, subsidiaries,
co-branders or other partners and employees (collectively, "the
publisher"), in any manner whatsoever.
Statement 11 - I agree to indemnify and hold the publisher harmless from
and against any liabilities and expenses (including attorney's fees)
incurred by the publisher concerning any action or proceeding brought or
threatened to be brought before any court, administrative body or other
tribunal, which action arises out of my use of and/or abuse of this web
site, without limitation.
Statement 12 - I will not hold the publisher responsible for my choosing
to access goforit.com or any of the hyperlinks contained within
goforit.com. Following such hyperlinks is at my own risk and is my
responsibility.
PERSONAL AND NONCOMMERCIAL USE
The Web site is for your personal and noncommercial use only. As a condition to your continued use of the Web site, you warrant that you will not use the Web site for any purpose that is unlawful or prohibited by
law or by these terms and conditions of use.
YOUR RESPONSIBILITY
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 GoForIt Entertainment LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the
GoForIt.com Web site. We do not control the Content posted via the
Web site and as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the GoForIt.com Web site, you may be
directed to third party web sites that may expose you to Content that may
be offensive, indecent or objectionable. Under no circumstances will GoForIt Entertainment LLC be liable in any way for any Content,
for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of
your use of any Content posted, emailed, transmitted or otherwise made available via the GoForIt.com web site.
You agree
that you will not use the GoForIt.com web site to:
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Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
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Harm any one in any way;
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"Stalk" or otherwise harass another;
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Collect or store personal data about other users.
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Impersonate any person or entity, including, but not limited to, a GoForIt Entertainment LLC
officials, forum leaders, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the
GoForIt.com web site;
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Disrupt the normal flow of
dialogue or otherwise act in a manner that negatively affects other GoForIt.com
users' ability to engage in real time exchanges;
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Interfere with or disrupt the
GoForIt.com Web site or servers or networks connected to the GoForIt.com
Web site, or disobey any requirements, procedures, policies or regulations of networks connected to the
GoForIt.com Web site;
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Intentionally or unintentionally violate any applicable local, state, national or international
law and or any regulations having the force of law;
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Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
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Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping chats & forums) that are designated for such purpose;
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Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
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Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You acknowledge that GoForIt Entertainment LLC does not pre-screen
Content, but that GoForIt Entertainment LLC shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the
GoForIt.com Web site. Without limiting the foregoing, GoForIt Entertainment LLC shall have the right to remove any Content that violates the Terms and Conditions of Use Policies or is otherwise 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. In this regard, you acknowledge that you may not rely on any Content created by GoForIt Entertainment LLC or submitted to
GoForIt.com or GoForIt Entertainment LLC, including without limitation information in
GoForIt.com Message Boards, online Chats, Personal Ads and in all other parts of the
GoForIt.com Web site.
You acknowledge and agree that GoForIt Entertainment LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions of Use Policies; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GoForIt Entertainment
LLC and its members, officers, directors, owners, employees, agents, information and service providers,
affiliates, licensors and licensees, subsidiaries, co-branders or other partners as well as the GoForIt.com
Web site and its users and the public.
In consideration of your use of the
GoForIt.com Web site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the
GoForIt.com's registration forms (such information
referred to as the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or GoForIt Entertainment LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GoForIt Entertainment LLC has the right to suspend or terminate your use of the
GoForIt.com Web site and refuse any and all current or future use of the
GoForIt.com Web site
or any portion thereof. GoForIt Entertainment LLC is concerned about the safety, security and privacy of all its users, particularly children.
GoForIt.com was designed to appeal to a broad (mature) audience. As the parent(s) or legal guardian of a minor, it is your responsibility to determine whether any of the services and/or Content herein contained is appropriate for your
child or any minor entrusted to your care (For information on what you
can do to protect your child, see our page on
Parental Controls).
PUBLIC POSTING AREAS
The GoForIt.com Web site provides or may provide its
users with public posting areas (including but not limited to chat rooms, forums, message boards, news groups and/or
personal advertisements). You shall not upload to or distribute or otherwise publish through
GoForIt.com any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive, threatening, harmful or illegal material, material containing blatant expressions of bigotry, racism or hate, material encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, national or international law or other material of any kind that GoForIt Entertainment LLC finds objectionable.
GoForIt Entertainment LLC does not endorse the opinions placed on any public posting area.
GoForIt.com
public posting areas (including but not limited to chat rooms, forums, message boards, news groups and/or
personal advertisements) shall be used only in a noncommercial manner. You shall not, without the express
written approval of GoForIt Entertainment LLC, use any public posting area to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services that are competitive with GoForIt Entertainment LLC and the
GoForIt.com Web site. You agree not to post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner.
GoForIt Entertainment LLC shall have the right, but not the obligation, to monitor the posting areas of the
GoForIt.com Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by GoForIt Entertainment LLC from time to time. While we do not and cannot review every message posted by users in the public posting areas and
we are not responsible for the content of any of these messages, GoForIt Entertainment LLC reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.
You acknowledge that any
submissions made by you to this Web site may be reproduced, published, transmitted and displayed by GoForIt Entertainment LLC in any manner, pursuant to GoForIt Entertainment LLC Privacy Statement.
By posting messages or other material in the public posting areas of the Web site, you are granting to GoForIt Entertainment LLC and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
USE AND STORAGE OF INFORMATION & DATA
You acknowledge that GoForIt Entertainment LLC may establish general practices and limits concerning use of the
GoForIt.com Web site, including without limitation the maximum number of days that
public postings or other uploaded Content will be retained by GoForIt Entertainment LLC, the maximum number of
postings and/or messages that may be sent from or received by an account, the maximum size of any
postings and/or messages that may be sent from or received by an account, the maximum disk space that will be allotted on GoForIt Entertainment LLC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the
GoForIt.com Web site in a given period of time. You agree that GoForIt Entertainment LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the
GoForIt.com Web site. You acknowledge that GoForIt Entertainment LLC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GoForIt Entertainment LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
SYSTEM INTEGRITY
You may not use any device, software or routine to interfere
with or attempt to interfere with the proper workings of the GoForIt.com Web site or any transaction conducted on or through the
GoForIt.com Web site. You may not take any action, which imposes an unreasonable or disproportionately large load on our servers and/or infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
MODIFICATIONS TO SERVICE
GoForIt Entertainment LLC reserves the right at any time and from time to time to modify or discontinue (temporarily or permanently) the
GoForIt.com Web site (or any part thereof) with or without notice. You agree that GoForIt Entertainment LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance.
TERMINATION
GoForIt Entertainment LLC may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties. GoForIt Entertainment LLC, including, without limitation, its authorized agents and employees may terminate your use of the
GoForIt.com Web site without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any GoForIt Entertainment LLC event or (ii) attempting to alter or improperly access any feature or function of the
GoForIt.com Web site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the
GoForIt.com Web site or GoForIt Entertainment LLC employee; post content (including, but not limited to, the creation of usernames) that is offensive or otherwise disruptive of
GoForIt.com activities; post unsolicited advertising; or improperly impersonate a GoForIt Entertainment LLC employee or other individual.
PRODUCT DESCRIPTIONS
GoForIt Entertainment LLC attempts to describe all
content on the Site as accurately as possible. However, GoForIt Entertainment LLC does not warrant that
any product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free.
THIRD PARTY LINKS
Portions of
the GoForIt.com Web site contain hyperlinks to other World Wide Web Internet sites, resources, affiliate partners and sponsors -
Web sites offered by parties other than GoForIt Entertainment LLC. Selection of an ad banner or link will redirect you off of the
GoForIt.com Web site to a third party Web site. GoForIt Entertainment LLC does not control any third party web sites and is not responsible for their content, products and/or services or their privacy practices; nor does GoForIt Entertainment LLC's inclusion of hyperlinks to
other web sites imply any association with the operators or owners of any third party Web
site or any endorsement of the products, services content or material contained on and/or accessed by you on or through any third party web site. Such hyperlinks are provided for your reference and convenience only. You are responsible for choosing to access
GoForIt.com AS WELL AS ANY hyperlink contained within GoForIt.com. Following such hyperlinks is at your own risk and is your responsibility. You are responsibly to read and understand the terms of service, privacy practices, content policies and purchase agreements of these sites and direct any concerns regarding any external link to the site administrator or Webmaster of that third party Web site.
LINKING TO GOFORIT.COM
Unless you are subsequently advised otherwise by GoForIt Entertainment LLC, you are hereby licensed to
create hyperlinks to the content on the
GoForIt.com Web site, provided that the hyperlink accurately describes the content as it appears on the
GoForIt.com Web site. GoForIt Entertainment LLC reserves the right to revoke this license generally or your right to use specific links, at any time, without notice and may normally break any hyperlink after 7 days. UNDER NO CIRCUMSTANCES MAY YOU "FRAME" THE GOFORIT.COM WEB SITE OR ANY OF ITS CONTENT OR COPY PORTIONS OF THE WEB SITE TO A SERVER, EXCEPT AS PART OF AN INTERNET SERVICE PROVIDER'S INCIDENTAL CACHING OF PAGES. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site.
SOFTWARE AVAILABLE ON WEB SITE
Any software that is
or is made available to download from this Web site is the copyrighted work of GoForIt Entertainment LLC and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, GoForIt Entertainment LLC hereby grants to you a personal, nontransferable license to use the software for viewing and other purposes within the scope of use of such software anticipated by GoForIt Entertainment LLC in accordance with these terms and conditions, and for no other purpose whatsoever. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and
conditions.
COPYRIGHT
Except for material in the public domain under United States copyright law, all material contained on the
GoForIt.com Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the
GoForIt Web site without the prior consent of GoForIt Entertainment LLC, the copyright owner. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include
all copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from GoForIt Entertainment LLC or the copyright owner of the copied material. Requests to reproduce materials on the
GoForIt.com Web site for distribution or other purposes should be e-mailed to
info@goforit.com.
TRADEMARKS
GoForIt is a registered trademark of GoForIt Entertainment LLC and is protected by state and federal trademark laws. Other trademarks appear on the
GoForIt Web site with permission from their respective owners. Your unauthorized use of trademarks appearing on the
GoForIt Web site may constitute trademark infringement, which could subject you to substantial civil penalties.
COPYRIGHT / TRADEMARK INFRINGEMENT
GoForIt Entertainment LLC will not tolerate copyright or trademark infringement of any kind. GoForIt Entertainment LLC does not, however, monitor user-submitted materials for copyright or trademark infringement. If you believe that any material on the Web site infringes
upon your copyright or trademark, you may seek to have the material in
question removed by sending GoForIt Entertainment LLC notice that includes all of the following information:
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Your full name, address and telephone number
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Your e-mail address
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Identification of the copyrighted and/or trademarked work(s) that you believe is being infringed
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Identification of the infringing material and information sufficient for GoForIt Entertainment LLC to locate the material
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Your statement of good faith belief that (a) the material infringes your copyrights or trademarks, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright
/ trademark owner
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Your physical or electronic signature
Upon receipt of notice complying with the above requirements, GoForIt Entertainment LLC will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site. If GoForIt Entertainment LLC removes materials posted by you as a user due to alleged copyright or trademark infringement, you may seek to have the materials reinstated by notifying GoForIt Entertainment LLC's designated agent in writing and including the following information:
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Your full name, address and telephone number
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Your e-mail address
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Identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
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Your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
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Your statement consenting to the jurisdiction of the Federal District Court
for the district in which your address is located, or, if you reside outside
of the United States, for the United States District Court for the District
of Nevada, and that you will accept service of process from the person who
provided notice of copyright infringement or from such person's agent
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Your physical or electronic signature
Upon receipt of a notice meeting the above requirements, GoForIt Entertainment LLC will send a copy of the notice to the copyright/trademark owner who initially claimed infringement. Within 10 to 14 days following receipt of the notice, GoForIt Entertainment LLC will replace or enable access to the removed material unless GoForIt Entertainment LLC receives notice from the copyright/trademark owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to GoForIt Entertainment LLC and/or the copyright/trademark owner.
USE BY MINORS
UNDER NO CIRCUMSTANCES MAY A GOFORIT.COM USER (WEB SITE VISITOR) UNDER THE AGE OF 18 (OR 21 YEARS OLD IF THAT IS THE LEGAL STANDARD REQUIRED FOR VIEWING ADULT-ONLY MATERIALS IN YOUR COMMUNITY) ACCESS,
VIEW, POST OR SUBMIT TO ANY AREAS AND/OR CONTENT OF THE GOFORIT.COM WEB SITE.
Under no circumstances, may an under-age user view, submit or post information on or through the
GoForIt.com Web site.
Although GoForIt Entertainment LLC will apply these terms and conditions whenever it becomes aware that a user who submits Personal Information is
under age, no method is foolproof. GoForIt Entertainment LLC strongly encourages parents and guardians to supervise their children's online activities and consider using
parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE GOFORIT.COM WEB SITE IS AT YOUR SOLE RISK. THE GOFORIT.COM WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GoForIt Entertainment LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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GoForIt Entertainment LLC MAKES NO WARRANTY THAT (i) THE GOFORIT.COM WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOFORIT.COM WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOFORIT.COM WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GOFORIT.COM WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS ON THE GOFORIT.COM WEB SITE WILL BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GOFORIT.COM WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GoForIt Entertainment LLC OR THROUGH OR FROM THE GOFORIT.COM WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES.
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NEITHER GoForIt Entertainment LLC NOR ITS EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE WEB SITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE WEB SITE ON BEHALF OF GoForIt Entertainment LLC.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GoForIt Entertainment LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GoForIt Entertainment LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE GOFORIT.COM WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GOFORIT.COM WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GOFORIT.COM WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE GOFORIT.COM WEB SITE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GoForIt Entertainment LLC OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE GOFORIT.COM WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OR ABUSE OF THE GOFORIT.COM WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
GoForIt Entertainment LLC, AND ITS MEMBERS, OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES, SUBSIDIARIES, CO-BRANDERS OR OTHER PARTNERS AND EMPLOYEES (COLLECTIVELY, "THE PUBLISHER") SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE GOFORIT.COM SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY THE PUBLISHER OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PUBLISHER'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE U.S. DOLLAR ($1).
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD GoForIt Entertainment LLC, AND ITS MEMBERS, OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES
SUBSIDIARIES, CO-BRANDERS OR OTHER PARTNERS AND EMPLOYEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS OF SERVICE OR THE FOREGOING REPRESENTATIONS, WARRANTIES AND COVENANTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. GoForIt Entertainment LLC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. YOU SHALL NOT ENTER INTO ANY SETTLEMENT AGREEMENT THAT AFFECTS THE RIGHTS OF GoForIt Entertainment LLC, AND ITS MEMBERS, OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES, SUBSIDIARIES, CO-BRANDERS OR OTHER PARTNERS AND EMPLOYEES (COLLECTIVELY, "THE PUBLISHER") WITHOUT THE PUBLISHER'S PRIOR WRITTEN APPROVAL.
GENERAL
The GoForIt.com Web site is owned and operated by GoForIt Entertainment LLC,
a Nevada corporation, headquartered in Las Vegas, Nevada, USA. GoForIt
Entertainment LLC makes no representation that materials on the Web site are
appropriate or available for use in other locations. Those who choose to
access the Web site from other locations do so on their own initiative and
are responsible for compliance with local laws --if and to the extent local
laws are applicable-- state and federal laws. The Web site is not intended
to subject GoForIt Entertainment LLC to the laws or jurisdiction of any
state, country or territory other than the State of Nevada and the United
States of America.
These Terms and Conditions constitute the entire agreement and understanding
between you and GoForIt Entertainment LLC with respect to use of the
GoForIt.com Web site, superseding all prior or contemporaneous
communications and/or proposals. GoForIt Entertainment LLC reserves the
right to make changes to these Terms and Conditions immediately by posting
the changed Terms and Conditions in this location. By continuing to use the
Web site, you are agreeing to all changes made by GoForIt Entertainment LLC.
A printed version of these Terms and Conditions shall be admissible in
judicial or administrative proceedings based upon or relating to use of the
GoForIt.com Web site to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained
in printed form. You agree that any action to enforce this agreement shall
be brought in the United States District Court for the District of Nevada.
If any of the provisions of this Agreement are determined to be invalid or
unenforceable, then each invalid or enforceable provision will be construed
in a manner consistent with applicable laws to reflect, as nearly as
possible, the original intentions of the parties, and the remaining
provisions shall remain in full force and effect. GoForIt Entertainment LLC
may assign these Terms of Service (i) to any of its affiliates, (ii) to the
surviving entity in the event of a merger, acquisition, or the sale of all
or substantially all of the assets of GoForIt Entertainment LLC or (iii) in
connection with the sale of the GoForIt Web site or the business unit
associated with same.