Mac GUI City :: Terms of Service

Mac GUI Terms of Service
 
Mac GUI Terms of Service 
Mac GUI City™ (hereinafter "we", "Mac GUI") is an online information and communication service, used by a web browser on your personal computer and connecting your computer to Mac GUI's computer facilities by means of a modem or other Internet connection method. Mac GUI is owned and operated by David Finnigan and his appointed staff and/or volunteers ("Mac GUI" and "Mac GUI Staff"). 
By completing the registration process, you become an authorized user of Mac GUI (a "Member").  To become a Member, you must agree to all the terms and conditions contained in this Agreement and your continued acceptance of this Agreement is a condition of membership. 
If you accept the terms of this Agreement, please click the 'I Agree' button.  If you do not accept the terms of this Agreement and do not wish to become a Member, please click 'I Do Not Agree' to discontinue the registration process.  You may print and keep a copy of this Agreement.  For your convenience, we will also keep a current version of this Agreement in Mac GUI's Info Booth.  BY COMPLETING THIS REGISTRATION PROCESS, YOU AGREE TO THE TERMS OF THIS AGREEMENT, JUST AS IF YOU HAD SIGNED THIS AGREEMENT. 
1. Information and Assistance.  If you have any questions about Mac GUI or this Agreement, please first consult the Mac GUI Info Booth. If your query is not answered there, send your questions to support@macgui.com   
2. Membership Restricted to Individuals Over 13.  Membership in Mac GUI is restricted to individuals who are 13 years of age or older.  By registering, you certify that you are above this age.  If you are the parent or guardian of a minor, you may authorize your minor to use your account, but you will be fully responsible for the minor's online conduct, for controlling the minor's access to and use of Mac GUI and for the consequences of any use or misuse. 
3. Your Mac GUI Name.  You must use your full legal name when subscribing to Mac GUI.  Your name will not be listed in your Member Profile.   
During registration, you will be asked to select an Mac GUI Username; i.e. the name that will identify you to others while online and serve as your electronic mail ("eMail") address.  Please use good judgment in making this selection.  You may not select a name: (i) that is vulgar, sexually explicit or otherwise violates the Mac GUI Rules (see Section 3); (ii) to impersonate someone else; or (iii) that violates another's copyright, trademark, right of publicity or other proprietary right.  If anyone brings a claim, lawsuit, or other action based on your Mac GUI Username, you, and not Mac GUI, will be responsible.   
4. Your Password.  You are responsible for maintaining the confidentiality of your own Mac GUI Password.  For maximum security, you should select a password that is meaningless except to you, change it frequently and guard it with care.  Using Mac GUI's automatic log-on feature reduces password security;  if you choose to use automatic log-on, you assume all responsibility for any unauthorized access that may result.  If you believe someone has accessed your Mac GUI account without your authorization, notify the Mac GUI Support immediately by sending notice to support@macgui.com; you will remain responsible for all charges associated with your account until you do so. 
5. Conduct in Mac GUI.  To ensure that Mac GUI is a place all Members can enjoy, one that encourages open discussion on a wide range of issues and expression of diverse viewpoints, Members are asked to carefully review the "Mac GUI rules" which are posted in the Info Booth (once online, enter the Info Booth and click 'Mac GUI Rules' link).  Among other things, the Mac GUI Rules prohibit unlawful, threatening, abusive, libelous, obscene or hateful conduct or statements, including conduct or statements that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.  You agree that you and anyone you authorize to use your Mac GUI account, will fully comply with the Mac GUI Rules while in Mac GUI.  The Mac GUI Staff may amend the Mac GUI Rules from time to time by giving notice to Members as set forth in Section 14.  Mac GUI Staff may monitor conferences, forums, discussion boards, chat, software libraries and other public areas in Mac GUI to insure that Members comply with Mac GUI Rules.  Any conduct that in the Mac GUI Staff's sole discretion restricts or inhibits any other Member from using and enjoying Mac GUI will not be permitted.  The Mac GUI Staff may remove or hide any objectionable materials or communications you have posted, and/or may immediately terminate your Mac GUI account.   
Although the Mac GUI Rules prohibit use of obscene and sexually graphic language in public areas, private areas in Mac GUI may contain language some Members find offensive.  We advise you to use your discretion when entering private areas in Mac GUI.  It is against Mac GUI's policy to monitor or review private eMail sent or received by Members, or to disclose the content of any eMail other than to the sender or intended recipient, unless required to do so by law (Mac GUI reserves the right to cooperate fully with government and law enforcement officials in any investigation relating to any content, including eMail, transmitted in Mac GUI).  
6. Content Available in Mac GUI.  Mac GUI offers it Members access to information, materials, products and services provided by third party publishers ("Publishers").  Some Publishers require that you agree to additional terms before accessing the information, materials, products or services they offer, and they may change these terms from time to time.  BY ACCEPTING THIS AGREEMENT, YOU AGREE TO DOWNLOAD, READ AND BE BOUND BY A PUBLISHER'S SPECIAL TERMS WHENEVER YOU ACCESS OR DOWNLOAD INFORMATION, MATERIALS, PRODUCTS OR SERVICES IN THAT PUBLISHER'S CONTENT OR SERVICE AREA. 
We caution to use your best judgment in evaluating information, opinions, products and services offered by Publishers, Members and other third parties in Mac GUI.  Please remember that the Mac GUI Staff does not endorse, warrant or guarantee any product or service offered by a third party in Mac GUI.  Any opinion expressed in Mac GUI by a Publisher, Member or other third party is that of the originator and is not necessarily the opinion of Mac GUI Staff.  Mac GUI Staff and its Publishers may add, change, discontinue or remove information, materials, products or services offered in Mac GUI at any time without notice.  Each Publisher determines the prices and features of any products and services it offers to Members in Mac GUI and the length of time it will offer these products and services. Mac GUI cannot guarantee the availability or price of any featured product or service.  Orders received for a product or service a Publisher has featured in Mac GUI will be fulfilled by the Publisher.  The Publisher or its designee will deliver the product or service to you and collect payment from you directly.  You should direct any questions you may have about the status of your order, how to return merchandise, etc. to the Publisher directly. Mac GUI will not mediate disputes nor assume responsibility for any outcome. 
7. Copyrights.  Many materials published in Mac GUI are protected by copyright and other laws.  You may download and save a copy of any text file (e.g. document, article) or graphics-format file published in Mac GUI on your computer and print a paper copy for your own personal use.  BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT YOU WILL NOT SELL, REDISTRIBUTE, REPUBLISH, REBROADCAST, PUBLICLY DISPLAY OR PUBLICLY PERFORM ANY COPYRIGHTED MATERIAL PUBLISHED IN MAC GUI WITHOUT THE COPYRIGHT OWNER'S EXPRESS PERMISSION, EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAW.  Some copyright owner's may expressly grant permission to do some or all of these things, either in the document or file itself, in the area in Mac GUI containing the document or file, or in the Publisher's special terms and conditions.  If not, you must obtain permission directly from the copyright owner.  Software files published in Mac GUI may be subject to the terms of a license agreement or shareware terms.  Please read any accompanying software license or shareware terms carefully before downloading the software file.  BY DOWNLOADING AND/OR USING A SOFTWARE FILE POSTED IN MAC GUI, YOU ARE AGREEING TO BE BOUND BY THE APPLICABLE SOFTWARE LICENSE OR SHAREWARE TERMS.  IF YOU DO NOT AGREE TO LICENSE OR TERMS, YOU ARE NOT AUTHORIZED TO DOWNLOAD THE SOFTWARE.  
It's against the law and against Mac GUI Rules to place all or part of someone else's copyrighted material in Mac GUI unless you have obtained the copyright owner's permission or the usage falls under "fair use" rules.  If you upload copyrighted material to Mac GUI without the owner's permission, you may expose yourself to actions for copyright infringement and Mac GUI Staff may suspend or terminate your Mac GUI account.  Any doubt should be resolved by obtaining permission or a license from the copyright owner.  The consequences of making a wrong decision can be severe. 
By placing information, materials, software or other content in a public area in Mac GUI, you grant Mac GUI and the Publisher of that public area a perpetual, non-exclusive, royalty-free license to copy, publish and distribute such content, and to permit Mac GUI Members to download and copy such content for their own personal use.  Subject to this license, you retain any rights you may have in such content. 
8. Modifications to this Agreement.  Mac GUI Staff may, from time to time, make changes to this Agreement by giving notice to Members as set forth in Section 14.  By continuing to use the Service after Mac GUI Staff has given notice of changes to the Member Agreement, you agree to be bound by such changes.  A Member may not modify this Agreement without Mac GUI's express written consent. 
9. Termination of Your Account.  You may terminate your Mac GUI account at any time by giving written or electronic notice to Mac GUI Staff at the address set forth in Section 14 and discontinuing all use of your account.  Termination will be effective on the day Mac GUI Staff receives notice of termination or the date you specify in the notice, whichever is later.  Mac GUI reserves the right to terminate any Member's Mac GUI account or restrict a Member's access to Mac GUI at any time for any reason.  Upon termination of your Mac GUI account, your license to use the Mac GUI software and web site is also terminated. 
10. Indemnity.  You agree to be responsible for your own actions in Mac GUI and to indemnify and hold Mac GUI Staff harmless from any claims and expenses, including reasonable legal and professional fees, arising from or in connection with your use of Mac GUI, including any statements you make in Mac GUI, any documents, files, software or other materials you place in Mac GUI, your violation of any applicable laws or regulations, and any violation of this Member Agreement. 
11. Disclaimer of Warranties.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MAC GUI IS PROVIDED "AS IS" AND THAT YOUR USE OF MAC GUI IS AT YOUR SOLE RISK.  NEITHER MAC GUI STAFF, LICENSORS, OR PUBLISHERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (I) THAT MAC GUI WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN MAC GUI WILL BE CORRECTED, (II) REGARDING ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE ACCESSIBLE IN MAC GUI OR THAT MAC GUI STAFF, ANY OF ITS, LICENSORS OR PUBLISHERS, OR ANY MEMBER OR OTHER THIRD PARTY MAY OFFER OR DELIVER TO MAC GUI MEMBERS, (III) REGARDING RESULTS YOU MAY OBTAIN FROM USING MAC GUI OR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OFFERED OR ACCESSIBLE IN MAC GUI, OR (IV) THAT ANY SOFTWARE OR OTHER FILE OFFERED OR ACCESSIBLE IN MAC GUI WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, AND THEY EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 
12. Limitation of Liability.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL MAC GUI STAFF, OR ANY OF ITS, LICENSORS OR PUBLISHERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE MAC GUI, INCLUDING WITHOUT LIMITATION ANY MISTAKES OR OMISSIONS IN OR INCOMPLETENESS OR OBSOLESCENCE OF ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OFFERED IN MAC GUI, ANY INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN OPERATION OR TRANSMISSION, ANY CORRUPTION OR DELETION OF FILES, ANY UNAUTHORIZED ACCESS TO OR DESTRUCTION OF MAC GUI RECORDS, PROGRAMS, OR SERVICES OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL MAC GUI STAFF BE LIABLE FOR ANY COST OR DAMAGE ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM THE ACTIONS OR INACTIONS OF A PUBLISHER, MEMBER, OR OTHER THIRD PARTY.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 
13. Export Laws.  Mac GUI may contain information and software which is controlled for export under applicable United States laws and regulations.  Mac GUI Staff does not warrant that the service or information contained in Mac GUI may be accessed by non-U.S. citizens or downloaded to points outside of the United States without the prior approval of the United States Government.  You are responsible for compliance with applicable laws and regulations when you peruse, upload and/or download Mac GUI information.  If you fail to comply with this provision, Mac GUI Staff may suspend or terminate your account immediately without notice.  We urge you to seek professional advice regarding specific, individual situations.  
14. Notices.  Any notices from Mac GUI Staff required or permitted by this Agreement will be given to you by: (i) electronic mail to your Mac GUI address; (ii) the eMail address you supplied upon registration; or (iii) a general posting to all Members online in Mac GUI's Info Booth and/or other public areas.  Any notices you are required or permitted to give to Mac GUI Staff under this Agreement must be sent by electronic mail to support@macgui.com. 
15. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the use of Mac GUI.  If any provision of this Agreement is determined to be invalid, all other provisions will remain in full force and effect. 
June 26, 2006
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