Welcome to GoliathFalls.com. These Terms of Service govern your use of GoliathFalls.com.
1. Acceptance of Terms. GoliathFalls.com provides a collection of online resources, including search, browse, company detail pages, images, and comments, (collectively referred to hereafter as "the Service") subject to the following Terms of Service, which may be updated by GoliathFalls.com from time to time.
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular GoliathFalls.com services, you agree to abide by any applicable posted guidelines for all GoliathFalls.com services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
2. Changes to the Terms of Service. We may change these Terms of Service at any time. You can review the most current version of these terms by clicking on the "Terms of Service" hypertext link located at the bottom of our homepage at www.GoliathFalls.com. If we make changes, you are bound by the new terms if you continue to use GoliathFalls.com.
3. About the Service - Registration. GoliathFalls.com is intended for general audiences. You do not need to sign up to visit GoliathFalls.com; however, you will need to register if you wish to add a listing, deal or other content. You will need to supply a current and valid email address if you wish to use the Review feature. If you sign up to use GoliathFalls.com, you agree to provide us with current and true information and you must be legally competent to enter into contracts. You agree to keep your registration information up to date. Certain areas on GoliathFalls.com may contain information and topics intended for a mature audience. Some of this information may not be suitable for children, young teenagers or to some adults, and you understand and agree that you review such areas and information at your own risk. You agree that we may, but we have no obligation, to take reasonable steps to regulate access to any area on GoliathFalls.com that may be intended for mature audiences only.
4. Content. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from GoliathFalls.com, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via GoliathFalls.com. You understand that GoliathFalls.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and Content available through the Service may contain links to other websites, which are completely independent of GoliathFalls.com. GoliathFalls.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will GoliathFalls.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that GoliathFalls.com does not pre-screen or approve Content, but that GoliathFalls.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Service or for any other reason.
5. GoliathFalls.com Communications. In the course of providing you services, GoliathFalls.com will communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the GoliathFalls.com Service, including but not limited to notifications about companies about which you have expressed interest. GoliathFalls.com will use the email address you provide to register you to use our Services, to verify your authority to use certain features of the Service, to deliver certain services and notices based on the email settings you have selected, or to improve and tailor the content and general administration of GoliathFalls.com.
You authorize us to provide you with required notices, agreements and information concerning GoliathFalls.com electronically. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of GoliathFalls.com or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of GoliathFalls.com.
7. Changes to GoliathFalls.com. We may discontinue or change any service or feature on GoliathFalls.com at any time and without notice.
8. Access Costs. GoliathFalls.com is a free service. However, you must provide at your own expense the equipment and Internet connections that you will need to access and use GoliathFalls.com. If you access GoliathFalls.com through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access GoliathFalls.com through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.
9. Your Responsibilities and Conduct. You are solely responsible for your conduct and any activity or Content associated with your account on GoliathFalls.com.
• You must not submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic or contains explicit or graphic descriptions or accounts of sexual acts, libelous, invasive of another's privacy, deceptive, fraudulent, tortious, or harms minors in any way.
• You are responsible for keeping your password secure.
• You must not submit Content that victimizes, harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
• You must not submit Content that impersonates any person or entity, including, but not limited to, our employees or agents, or falsely states or otherwise misrepresents your affiliation with a person or entity.
• You must not submit Content that includes non-public personal or identifying information about another person without that person's explicit consent.
• You must not submit Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".
• You may not use the Service for any illegal or unauthorized purpose. You may not encourage betting or wagering prohibited by law. You may not encourage conduct that would consttitue a criminal offense, or that gives rise to civil liability.
• International users agree to comply with all local laws regarding online conduct and acceptable content.
• You must be 13 years of age or older to use the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with GoliathFalls.com. You must not use GoliathFalls.com in a way that could damage or impair our servers or networks. You must not interfere with any other party's use and enjoyment of GoliathFalls.com. You must not attempt to gain unauthorized access to our services, user accounts, computer systems or networks. You must not introduce any viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network. We may take any legal and technical remedies to prevent the violation of these Terms of Service.
• You must not engage in any conduct that interferes with the use of GoliathFalls.com by others.
• You must not violate or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights.
• You must not create or submit unwanted email to any GoliathFalls.com users ("SPAM").
• You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You must get express authorization from GoliathFalls.com before you can use any portion of the Service, including any Content for any commercial purpose.
• • Violation of any of these terms will result in the termination of your GoliathFalls.com account.
• You must not violate these Terms of Service, guidelines or any policy posted on GoliathFalls.com.
10. No Spam. You may not use GoliathFalls.com or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not use GoliathFalls.com in any way for the purpose of advertising commercial products or services. You may not induce or allow others to use GoliathFalls.com to violate the terms of this section. We may terminate your access or use of GoliathFalls.com immediately and take any other legal action if you, or anyone using your access to GoliathFalls.com, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
11. No Sock Puppets, Bots, Automated Agents or Scripts You may not open multiple accounts for the purpose of promoting particular venues, organizations, or events. Each user of GoliathFalls.com must confine his or her participation to a single account. Once discovered, any multiple accounts created by the same user will be closed immediately.
12. No SEO Posts Posts about search engine optimization ("SEO" or "SEO Posts"), are not permitted. Any such posts may be immediately removed.
13. Proprietary Rights. We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on GoliathFalls.com own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on GoliathFalls.com are our trademarks.
14. License To Use GoliathFalls.com. You may use GoliathFalls.com and the Content offered on GoliathFalls.com only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of GoliathFalls.com or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
15. Content You Post To Public Areas. Certain areas of GoliathFalls.com may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on GoliathFalls.com that you created or that you have permission to post. You may not post Content that violates these Terms of Service. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of GoliathFalls.com, you grant us and our affiliates the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
16. No Duty To Monitor. You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
17. Third Party Sites - Advertisers. GoliathFalls.com may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on GoliathFalls.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
18. Disclaimer Of Warranties. We provide GoliathFalls.com "as is", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about GoliathFalls.com. To the Extent Permitted by Law, We and Our Suppliers Disclaim Implied Warranties That GoliathFalls.com and All Software, Content and Services Distributed Through GoliathFalls.com Are Merchantable, of Satisfactory Quality, Accurate, Timely, Fit for a Particular Purpose or Need, or Non-Infringing. We Do Not Guarantee That GoliathFalls.com Will Meet Your Requirements, Is Error-Free, Reliable, Without Interruption or Available at All Times. We Do Not Guarantee That the Results That May Be Obtained from the Use of GoliathFalls.com, Including Any Support Services, Will Be Effective, Reliable, Accurate or Meet Your Requirements. We Do Not Guarantee That You Will Be Able to Access or Use GoliathFalls.com (Either Directly or Through Third-Party Networks) at Times or Locations of Your Choosing. No Oral or Written Information or Advice Given by Any of Our Representatives Shall Create a Warranty. You may have additional consumer rights under your local laws that this contract cannot change.
19. Limitation of Liability. Your Sole and Exclusive Remedy for Any Other Dispute With Us Is to Discontinue Your Use of GoliathFalls.com. In No Event Shall Our Liability, or the Liability Our Suppliers for Any and All Claims Relating to the Use of GoliathFalls.com Exceed the Total Amount of Service Fees That You Paid Us During a One-Year Period for the Specific Service at Issue. We and Our Suppliers Shall Not Be Liable for Any Indirect, Special, Incidental, Consequential or Exemplary Damages Arising from Your Use of, Inability to Use, or Reliance Upon GoliathFalls.com. These Exclusions Apply to Any Claims for Lost Profits, Lost Data, Loss of Goodwill, Work Stoppage, Computer Failure or Malfunction, or Any Other Commercial Damages or Losses, Even if We Knew or Should Have Known of the Possibility of Such Damages. Because Some States or Jurisdictions Do Not Allow the Exclusion or the Limitation of Liability for Consequential or Incidental Damages, in Such States or Jurisdictions, Our Liability, and the Liability of Our Parent and Suppliers, Shall Be Limited to the Extent Permitted by Law.
20. Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of GoliathFalls.com. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
21. Copyright. Although GoliathFalls.com does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to GoliathFalls.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GoliathFalls.com with the following Notice:
• Identify the copyrighted work or other intellectual property that you claim has been infringed.
• Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the website.
• A 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 declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
• Your address, telephone number, and email address and
• Your physical or electronic signature.
GoliathFalls.com will forward this information to the alleged infringer.
22. International Use. We make no representation that Content on GoliathFalls.com is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access GoliathFalls.com from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
23. Choice of Law and Location for Resolving Disputes. You agree that the laws of the Commonwealth of Connecticut govern this contract and any claim or dispute that you may have against us, without regard to Connecticut’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Connecticut and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Please Note That by Agreeing to These Terms of Service, You Are: (1) Waiving Claims That You Might Otherwise Have Against Us Based on the Laws of Other Jurisdictions, Including Your Own; (2) Irrevocably Consenting to the Exclusive Jurisdiction of, and Venue in, State or Federal Courts in the Commonwealth of Connecticut over Any Disputes or Claims You Have With Us; and (3) Submitting Yourself to the Personal Jurisdiction of Courts Located in the Commonwealth of Connecticut for the Purpose of Resolving Any Such Disputes or Claims.
24. Severability and Integration. This contract and any supplemental terms, policies, rules and guidelines posted on GoliathFalls.com constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
25. Termination. We reserve the right to refuse service to anyone for any reason at any time. Your right to use GoliathFalls.com automatically terminates if you violate these Terms of Service or any rules or guidelines posted in connection with GoliathFalls.com. We also reserve the right, in our sole discretion, to terminate your access to all or part of GoliathFalls.com, for any reason, with or without notice.