San Ramon
  Terms of Use
Privacy & Security Policy
 
Copyright Information
 
Terms of Use
 
 
TERMS OF USE

This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, (“You”) the visitor or member of our site, hereinafter referred to as the “site”, and GZYN Inc, the owner and operator of this site.
 
As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement.  Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein.  Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership.
 
Registration
 
Users wishing to contribute to the website must submit a valid email address as a condition of registration. Your email address will serve as your login ID. Email may be subject to validation now or in the future. Users may register without submitting their actual first and last names, however, all authors, reviewers, and “raters” must submit their actual first and last name as will anyone who posts to our forums or message boards.
 
We have a privacy policy and a security policy. These documents are incorporated by reference as if fully set forth herein and you must agree to each and every term and condition contained within those documents. Your usage of any tool or service that we provide, including viewing any portion of our site, is your express indication to us that you agree to be bound by each and every term and condition of our privacy policy and security policy as well as the terms and conditions of this Agreement.
 
Users may opt-in to receive our newsletter.
 
Registration is required before being able to log in to our site. Your email address and password are required to log in and you are solely responsible for the security of your email address and password.
 
Upon registration and after publishing at least one article you will become eligible to participate in our Ad Revenue Share Program. Participation in this program requires you to create a Google AdSense account through this Site or associate your existing AdSense account with this site.
 
General Rules
 
Site members and visitors may not:
  • Violate the law of any jurisdiction while visiting our site, our clubs, or using any tool or service that we provided.
  • Harass or Cyberstalk any user.
  • Conduct any activity that is harmful or detrimental to our site as solely determined by us.
  • Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
  • Upload any material that is harmful to our user’s computers or objectionable to our community as a whole.
  • Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
  • Falsely represent your professional or business credentials or professional background.
You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
 
We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
 
Rules that cannot be violated by users or members include the following:
  • Spamming. Any activity generally described as “spamming” by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership being terminated without prior notice to the member.
  • Racist, intolerant, “hate,” defamatory, “stalking,” invitations to fight, threatening or any post of any nature that we decide, in our sole discretion, as being improper, will result in membership termination without prior notice.
Any user may terminate their use or membership at this site at any time. We may terminate usage or membership of any person or entity at any time for any reason we deem appropriate with no prior notice to the person or entity whose membership or usage is being terminated.
 
We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.
 
Content Regulations
  • We reserve the right to edit the content submitted by all authors.
  • Authors are solely responsible for any legal issues that arise from their content, accordingly, authors agree to indemnify and hold us harmless from any legal actions, including lawsuits or threats of lawsuits, regarding defamation, copyright infringement, trademark infringement, violations of rights of publicity or privacy, and any and all civil or criminal issues arising from any jurisdiction attributed to content submitted by an author. Such indemnification includes any reasonable attorney’s fees, damages, settlements, court costs and fees.
  • We may place advertising on our pages and anywhere on our site where we deem such to be appropriate. We will exercise no specific control regarding the nature of the advertising that appears anywhere on our site, including upon author’s pages.
  • All content submitted by authors must be wholly original in nature.
  • All copyright to content submitted remains solely in the ownership of the author.
  • We may remove any content at any time without prior notice to the author or the public.
  • Authors may upload images to illustrate their articles, but the author must own the copyright to the illustration or image uploaded or otherwise have legal permission to use the illustration or image. Author agrees to indemnify us and hold us harmless regarding any copyright infringement or other civil wrong doing regarding the improper upload and submission of artwork, graphics, images or photographs. We will cooperate with the copyright owner or other plaintiff regarding illegal or improper content wrongfully or allegedly wrongfully uploaded by removing any such content and providing personal information regarding the submitting party so that the matter may be resolved via court action or similar means.
  • The author must provide his/her actual first and last name at the time an article is submitted. A display name may be provided if the author chooses to display this instead of the actual name. There will be a user preference setting for this in the My Account section.
  • By submitting content author grants a permanent, non-revocable royalty free license to GZYN Inc to use, copy, modify, edit, adapt, publish, publicly display/perform, translate, display, create derivative works from and/or license (or sell with author’s  authorization) and/or distribute author’s content posted to the Site.The license herein described survives the termination of this agreement if the agreement is terminated at the request or by the author.
Users Restrictions
 
Any person who uses our site to review articles agrees to the following:
  • We are not responsible for the content on our site.
  • All users must be at least 18 years of age.
  • Users will be able to rate articles: but the actual first and last name of the rater or reviewer must be submitted along with the rating or review. A display name may be provided if the user chooses to display this instead of the actual name. There will be a user preference setting for this in the My Account section.
  • Users can email a link to the article to third parties.
  • Users may flag an article as being “inappropriate” at some point in the future. This will alert us to any articles that may contain inappropriate material and such articles will be reviewed by us. We do not guarantee that we will review any such material within any set period of time or remove the article in question.
  • In the future, users may be able to post discussions or messages. In the event we launch that service, users must follow all posted rules and guidelines relating to that service. Posters to discussion threads or message boards must use their actual first and last names. A display name may be provided if the user chooses to display this instead of the actual name. There will be a user preference setting for this in the My Account section.. Posters are solely responsible for any legal issues that arise from their published comments and agree to hold us harmless and to indemnify us from any legal matters, including threats of legal matters, arising from their postings.
Disclaimer of Warranty
 
We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site is provided to you "As Is, Where Is", without any warranty of any kind, express or implied.
 
Beta Feature and Beta Testing Rules
 
We may release various features as “Beta” or “preview features” and such features are unsupported and provided “as-is” and all users of such features agree to hold us harmless regarding any potential errors, or harm to their computers or software caused by the usage of such features. All Beta users agree not to disclose any confidential information disclosed to them as Beta or Preview users and further agree to not allow any third party to have access to any Beta or Preview functions.
 
Intellectual Property Provisions

All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements.  No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner.  The content of this Site may not be “framed” or “mirrored”.  All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

Disclaimer Regarding Functionality

 
All content, tools, functions and services provided via this Site are provided on an “as is” basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you.  No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein this Site.  It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.

Termination of Service
 
We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit.  We also reserve the right to discontinue any service or modify any service with no notice to you.  If we terminate services to you, we will deactivate your account.  We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.
 
You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
 

Automatic Viewing or Usage of this Site

 
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site other than standard indexing robots used for the sole purpose of indexing content for search engines.  You may not engage in denial of service attacks upon the servers that publish this Site.  You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
 

Links to Third Party Sites

 
We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies.  Please carefully review the terms of service and privacy policies of all such sites prior to usage.  You assume the risk of any usage of such third party sites.
 

Submissions

 
All submissions (but not articles and personal information) become the property of this Site.  All submissions are non-confidential in nature.  “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication.  You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations.  You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

Limitation of Liability
 
We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature.  You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether  directly or indirectly.   
 
Content Issues
 
We are not responsible for any content provided to you by our site members. We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity.  We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.
 
You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files.  We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

Jurisdiction
 
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws.  Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in San Francisco, California, or any location closer to or within California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement.  The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules.  The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals.  If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules.  The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law.  Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof.  If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association.  The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees.  All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties.  The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.  Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.  Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
 

Foreign Usage

 
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction.  You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA). 

General Information
 
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
 
We may revise or modify any portion of this Agreement at any time without notice to you.  You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere.  Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
 
Notice
 
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
 
Force Majeure
 
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.
 
Assignment Prohibition
 
Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by site users by operation of law or otherwise, and any such attempted assignment shall be void and of no effect without the advance written consent of GYZN.com. However, GYZN.com may freely transfer, sell, lease, encumber and otherwise assign in whole or in part this Agreement without any restrictions whatsoever.
 
Intellectual Property Notices

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
 
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
 
Contacting Us
 
You may contact us using the online form that can be accessed through the Contact Us link on the website.
  Privacy & Security Policy    |    Copyright Information    |    Terms of Use  
© 2006 - 2016