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1. Definitions.
"GearFetish.com" is the interactive on-line service operated by GearFetish.com on the World Wide Web of the Internet with content provided by GearFetish.com and third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of GearFetish.com.

2. General.

(A) This Agreement, which incorporates by reference other provisions applicable to use of GearFetish.com sets forth the terms and conditions that apply to the use of GearFetish.com by Subscriber. By using GearFetish.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use GearFetish.com is personal and individual to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

(B) GearFetish.com shall have the right at any time to change or discontinue any aspect or feature of GearFetish.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.
GearFetish.com shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of GearFetish.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on GearFetish.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of GearFetish.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of GearFetish.com and any and all charges related thereto.

5. Subscriber Conduct.

(A) Subscriber shall use GearFetish.com for lawful purposes only. Subscriber shall not post or transmit through GearFetish.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without GearFetish.com's express prior approval, contains advertising or any solicitation with respect to products or services (more info). Any conduct by a Subscriber that in GearFetish.com's discretion restricts or inhibits any other Subscriber from using or enjoying GearFetish.com will not be permitted. Subscriber shall not use GearFetish.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with GearFetish.com or to solicit users to become subscribers or customers of any online service for which a dividend, fee, commission, or any compensation whatsoever is provided unless all dividends, fees, commissions, or other types of compensations whatsoever are paid directly to GearFetish.com. Any dividends, fees, commissions, or any other types of compensation earned are understood to be the sole property of GearFetish.com and will be paid to GearFetish.com within five (5) days of receipt of such monies and without demand, where time is of the essence. Failure to pay these monies within five (5) days of receipt, where time is of the essence, indicates the intent of the recipient to deny such monies to GearFetish.com and shall be paid to GearFetish.com immediately upon demand, with interest accrued from the date first earned at 1.5% per month (18% per annum) and with a Late Payment Penalty of $75 for each occurrence where monies are not received by GearFetish.com within five (5) days of being received.

(B) GearFetish.com may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics submitted by Subscribers and/or operators of GearFetish.com unknowingly of such copyrights. If such copyrighted material should exist, it is the property of the copyrighter. If the copyrighter should request the material be removed from GearFetish.com, the copywriter should submit a request to webmaster@gearfetish.com immediately requesting the removal of such infringed material. Legal considerations should use a physical address which is Post Office Box 712, Mableton, GA 30126-0712, USA. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on GearFetish.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of GearFetish.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted GearFetish.com, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants GearFetish.com, the right to edit, copy, publish and distribute any material made available on GearFetish.com Online by Subscriber.

(D) The foregoing provisions of Section 5 are for the benefit of GearFetish.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

(E) Subscriber shall not use automated methods to download or retrieve the contents within GearFetish.com. To do so, can result in immediate termination of subscription and/or membership without prior notice or notification.

6. Disclaimer of Warranty; Limitation of Liability.

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF GearFetish.com IS AT SUBSCRIBER'S SOLE RISK. NEITHER GearFetish.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT GearFetish.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GearFetish.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH GearFetish.com.

(B) GearFetish.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT GearFetish.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL GearFetish.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING GearFetish.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE GearFetish.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON GearFetish.com.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, GearFetish.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN GearFetish.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, GearFetish.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

7. Monitoring.
GearFetish.com, shall have the right, but not the obligation, to monitor the content of GearFetish.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by GearFetish.com, and to satisfy any law, regulation or authorized government request. GearFetish.com, shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on GearFetish.com. Without limiting the foregoing, GearFetish.com, shall have the right to remove any material that GearFetish.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless GearFetish.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of GearFetish.com by Subscriber or Subscriber's Account.

9. Termination.
Either GearFetish.com, or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, GearFetish.com, shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which GearFetish.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks.
All other trademarks appearing on GearFetish.com are the property of their respective owners.

11. Third Party Content.
GearFetish.com, is a distributor (and not a publisher) of some content supplied by third parties and Subscribers. Accordingly, GearFetish.com, has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of GearFetish.com, are those of the respective author(s) or distributor(s) and not of GearFetish.com,. Neither GearFetish.com, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through GearFetish.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with GearFetish.com. GearFetish.com, neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on GearFetish.com by anyone other than authorized GearFetish.com, employee spokespersons while acting in their official capacities. Under no circumstances will GearFetish.com, be liable for any loss or damage caused by a Subscriber's reliance on information obtained through GearFetish.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through GearFetish.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Advertisement Liability

• Publication of an advertisement does not constitute endorsement or approval of any product or service advertised, or any point of view, standard, or opinion presented therein. GearFetish.com is not responsible for any claims made in an advertisement appearing in its publications.
• The advertiser and/or advertising agency assume liability for all ad content including text preparation and illustrations. It is understood that the advertiser and/or advertising agency will indemnify and hold GearFetish.com harmless from and against any loss, expense, or other liability resulting from any suits including actions for libel, breach of warranty, negligence, product liability, misrepresentation, fraud, violation of privacy, plagiarism, copyright infringement, and any other claims or suits whatsoever that may arise from publication of such advertisement.
• GearFetish.com will not be bound by any term(s) or condition(s) that an advertiser includes on order forms or invoices unless GearFetish.com has agreed in writing to such term(s) or condition(s).
• Other than the return of any charge that has been paid, GearFetish.com is not liable for any alleged loss or damages if an advertisement is omitted for any reason.
• Advertiser claims for errors will be decided on a case-by-case basis with discounts offered for the advertisement in question or on the advertiser's next order provided it is determined that GearFetish.com made the error and that the error seriously affected advertising results.

13. Miscellaneous.
This Agreement and any operating rules for GearFetish.com established by GearFetish.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Acceptable Use Policy