1. Eligibility. This Site and the services available on or through this Site are only available to entities and individuals who can enter into and become bound by legal contractual obligations under applicable law. In addition, this Site and the services available on or through this Site are only available to people 14 years of age or older. Individuals under the age of 18 will need parental consent in order to use this Site and the services available on or through this Site. If you do not qualify, you may not use this Site.
2. The Registration Process.
2.2 Account and Password Security. At the time you submit your registration, you will create a password-protected account to access certain features or functions of this Site. You agree to keep your account information and password confidential and you are responsible for all activities that occur under your account. You agree to notify GVPS immediately of any actual or suspected unauthorized use of your account. GVPS will not be responsible for any loss to you caused by your failure to comply with these obligations.
3. Trademarks, LIMITATIONS ON USE Copyrights & Restrictions.
3.2 Marks. All trademarks, service marks, logos, banners, and page headers displayed on this Site are the trademarks of GVPS or its Affiliates, including without limitation. Except as expressly set forth in this Agreement, you may not display, link to or otherwise use the Marks displayed on this Site without the prior written permission of GVPS or its Affiliates.
4.2 License. The copyrights in the Content contributed by users of this Site are held by the individual creators of that Content. For all Content you Publish on this Site, you grant GVPS and its Affiliates a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the Content. The foregoing license includes, but is not limited to, GVPS’s and its Affiliates’ use of the Content in GVPS’s and its Affiliates’ educational, advertising, promotional and informational print and online publications and other media projects. You hereby waive any right to inspect or approve any versions of the Content or other use of the Content by GVPS and its Affiliates and any right to compensation for GVPS’s or its Affiliates’ use of the Content.
4.3 No Pre-Screening or Editing. This Site offers photo galleries, bulletin boards, and forums for registered users to sell items through classified advertisements and GVPS’s posting service, and other interactive areas where users can express opinions, share ideas and information. GVPS cannot and does not monitor all of the Content Published on this Site. GVPS does not control, and is not responsible for, and does not guarantee the accuracy, integrity or quality of, the Content made available through this Site by users of this Site. By using this Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and you agree that GVPS is not responsible for the acts or omissions of users on this Site. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on this Site and any of its Content. You also agree that under no circumstances will GVPS or its Affiliates 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 this Site. You acknowledge that GVPS does not pre-screen or pre-approve Content on this Site, but that GVPS has the right (but not the obligation) in its sole discretion to refuse, delete or edit any Content that is available through this Site, for any reason or for no reason.
5. Placing Ads Online
5.2 Identity Verification. GVPS may use a variety of techniques to verify the accuracy of the information registered users provide to GVPS when they register on this Site. Because user verification on the Internet is difficult, GVPS cannot and does not confirm each user’s purported identity. You may also wish to consider using a third party escrow service or services that provide additional user verification.
5.3 Posting and Selling.
(b) Fraud. Without limiting any of GVPS’s other rights or remedies, GVPS may suspend or terminate your account if GVPS suspects (by evidence of conviction or settlement, from an insurance or escrow investigation, or otherwise) you have engaged in fraudulent activity or in the sale of counterfeit items through this Site.
(c) Manipulation. You may not manipulate the listed price of any item nor may you interfere with other user’s listings or transactions. Without limiting any of GVPS’s other rights or remedies, GVPS may, in its sole discretion, determine that you have engaged in such manipulation and may terminate your right to use this Site.
6. Unlawful Or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any GVPS website, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any GVPS server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
6.1 Access and Interference. You agree that you will not: (a) use any robot, spider, scraper or other automated means to access this Site for any purpose without GVPS’s express written permission; (b) take any action that imposes or may impose, in GVPS’s sole discretion, an unreasonable or disproportionately large burden on GVPS’s electronic infrastructure; (c) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (d) bypass other measures GVPS may use to prevent or restrict access to this Site.
7. Compliance with Laws. You agree to comply will all domestic and international laws, statutes, ordinances and regulations (collectively, “Laws”) regarding your use of this Site and any services, features and functions of this Site, including without limitation, any Laws regarding your listing, purchase of, solicitation of offers to purchase, and sale of any items on or through this Site, and those Laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising.
8. Termination. GVPS reserves the right to review materials posted to the Site and to remove, at its sole discretion your Content from this Site or terminate or suspend your access to all or part of this Site, including, but not limited to, any Brighter/Vent forum, event postings, classified advertisements or story submissions or other interactive areas on this Site (“Communication Services”), for any reason or for no reason, including without limitation, breach of this Agreement. If your access to this Site is terminated, the restrictions and obligations in this Sections 2, 3, 4, 5.1, 6, 6.1, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of this Agreement will survive any such termination. GVPS further reserves the right to terminate your access to any or all of the Site at any time, without notice, for any reason whatsoever. Always use caution when giving out any personally identifiable information on the Site. GVPS does not control or endorse the content, messages or information found in any Communication Services and, therefore, GVPS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
9. Indemnification. You agree to indemnify GVPS and its Affiliates, and GVPS’s and its Affiliates’ officers, directors, employees, and agents from and against any and all third party claims, demands, liabilities, losses, costs, or expenses, including reasonable attorneys’ fees, that arise from: (a) your use or misuse of this Site; (b) the Content you Publish on this Site; (c) the items you list, purchase, offer for sale, or sell on or through this Site; (d) any disputes that may arise with one or more users of this Site, including users of the classified advertisements or “posting” services; or (e) any other breach of this Agreement.
10. External Links. Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by GVPS as a convenience to its users. GVPS is not responsible for the materials contained at any website linked to this site.
11. Disclaimer. THIS SITE IS PROVIDED BY GVPS ON AN “AS IS” BASIS. GVPS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OR THE MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GVPS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
12. Limitation of Liability. IN NO EVENT WILL GVPS OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENT OR THE MATERIALS AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, EVEN IF GVPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL GVPS’S OR ITS AFFILIATES’ TOTAL CUMULATIVE LIABILITY RELATING TO THIS AGREEMENT, THIS SITE OR ANY OF THE SERVICES, FEATURES OR FUNCTIONS OFFERED THROUGH THIS SITE, EXCEED THE AMOUNT OF FEES RECEIVED BY GVPS FROM YOU IN THE 6 MONTHS PRIOR TO THE EVENTS GIVING RISE TO SUCH LIABILITY.
13. Jurisdictions and Venue. This Site is created, operated and controlled by GVPS from its offices within the State of New York, U.S.A. GVPS makes no representation or warranty that the Materials or the Content available through this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This Agreement is governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site will be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
15. General. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in full force and in effect. This Agreement constitutes the entire agreement between you and GVPS concerning your use of this Site. If you have any questions in connection with this Agreement, please send a written inquiry to GVPS at:
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