The Galavante Group LLC (“Galavante”) provides the Galavante.com website (the "Site") and related services subject to the terms and conditions set forth below any and all modifications thereto (the "Terms and Conditions" or “Agreement”). Please read the Terms and Conditions carefully. By using the Site, you are deemed to have expressly agreed to the Terms and Conditions. In addition, when using particular Galavante services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference in the Terms and Conditions.
You must be at least 18 years old to access and use the Site and the Site-related services.The Site is not intended to be a children’s site.
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Galavante has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Galavante has the right to suspend or terminate your account and refuse any and all current or future use of the Site and the Site-related services (or any portion thereof).
The Site and site-related Services may contain links to websites operated by third parties ("Linked Sites"). Linked Sites are not, however, reviewed, controlled or examined by Galavante in any way and you acknowledge and agree that Galavante and its sponsors are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites or any additional links contained therein. In addition, it is your sole responsibility to comply with the appropriate terms of service of the Linked Sites, as well as with any other obligations under any laws, including, without limitation, copyright, defamation, decency, privacy, security and export laws, related to the use of the Linked Sites and any content available on or through such Linked Sites. You further acknowledge and agree that Galavante and its shareholders, members, directors, officers, employees and agents shall not be liable, directly or indirectly, to any party for any damage or loss caused or alleged to be caused by or in connection with the creation, use of or reliance on the Linked Sites or any content, advertising, products or other material available on or through the Linked Sites. You should direct any concerns that you may have regarding a Linked Site to that site’s administrator or webmaster.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THE LINKED SITES.
Sweepstakes, Contests, Games and Other Promotions
Sweepstakes, contests, games and other promotions (collectively, "Promotions") may be available either on or through the Site or the Site-related services. In order to participate in Promotions, you may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Galavante.
By participating in a Promotion, you agree to be bound by the rules of such Promotion published on the Site and/or on the website where the Promotion is conducted. All prizes are subject to said rules. If you violates said rules, you are subject to immediate disqualification from the Promotion and Galavante is under no obligation to award any prize to you.
Furthermore, you agree to release Galavante and its shareholders, members, directors, officers, employees and agents from any and all liability arising from your participation in any Promotion. In Galavante is also not responsible for any technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, distorted or delayed computer transmissions that may affect your ability to participate in any Promotion.
Void Where Prohibited
Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. Galavante reserves the right to limit the availability of the Site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Site is void where prohibited.
Code of Conduct
While using the Site and Site-related services, you agree not to:
- Restrict or inhibit any other user from using and enjoying the Site and the Site-related services;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Content") which is unlawful, fraudulent, harmful, threatening, hateful, abusive, embarrassing, harassing, tortious, libelous, defamatory, vulgar, obscene, hateful, invasive of privacy or publicity rights, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise objectionable;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- "Stalk" or otherwise harass another party;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Galavante representative, or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation (including, without limitation, the solicitation of users of the Site to become users of other websites or online services competitive with the Site or any Site-related services);
- Harvest, collect or store information about the users of the Site or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating the transmission of unsolicited bulk electronic mail or communications;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that contains software viruses, worms, time bombs, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges through the Site or the site-related Services (including, without limitation, by the excessive use of scripts, sound waves or scrolling);
- Interfere with or disrupt the use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted or transmitted on or through the Web Site;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content in violation of another party’s patent, copyright, trademark, trade secret, or other intellectual property rights;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including, without limitation, inside information, and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Intentionally or unintentionally violate any applicable local, state, national or international laws or any regulations having the force of law;
- Modify, adapt, sublicense, translate, sell, distribute, broadcast, exploit for commercial purposes, reverse engineer, decompile, or disassemble any portion of the Site or any Site-related services; or
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or the Site-related services, including but not limited to, actual or attempted manipulation or corruption, or otherwise affecting the outcome, of the Services (in whole or part) by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names.
You agree to immediately notify Galavante of any unauthorized use of the Site or the Site-related services or any other breach of security known or suspected by you.
Galavante is not responsible for Content submitted to Galavante or posted on the Site by users; nor does Galavante pre-screen, monitor, review or edit the Content posted by users. However, you acknowledge and agree that Galavante has the right to monitor the Site and the Site-related services and reserves the right, at any time and with or without notice, to refuse to post or remove any Content (in whole or part) that is, in Galavante's sole discretion, unacceptable, inappropriate, inaccurate or in violation of the Terms and Conditions. Galavante is not responsible for any failure, non-failure or delay in removing any Content. Furthermore, you acknowledge and agree that Galavante has the right to preserve Content and to disclose any Content uploaded, posted or transmitted on or through the Site to any third party in order to: (a) operate the Site properly, (b) enforce the Terms and Conditions, (d) comply with legal obligations or governmental requests, (d) respond to claims that any such Content violates the intellectual property or other rights of third parties, or (e) protect itself or its sponsors, users or the public.
Intellectual Property Rights
All materials contained within the Site and the Site-related services are protected by U.S. and international copyright law, trademark law and other intellectual property laws and conventions. Without limiting the generality of the foregoing, (a) all materials contained within the Site and the Site-related services are the copyrighted property of Galavante; (b) all trademarks appearing on this Site, including Galavante, Cooling Your Jets, and The Goods, are the property of Galavante, and no other party may use said marks without the express written permission of Galavante; and (c) as between Galavante and you, Galavante is the sole owner of all Content within the Site and the Site-related services, including without limitation, all U.S. and international copyrights, trademarks and other intellectual property rights thereto. Except as otherwise specifically provided in the Terms and Conditions, you may not download or save a copy of the Site, the Services, or any portion thereof, for any purpose whatsoever. Furthermore, all title and intellectual property rights in and to the materials contained within the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws.
Copyright 2010, The Galavante Group LLC. All Rights Reserved.
Permission, which may be revoked at any time, is granted to download the Content in the Site for personal, non-commercial use only, without alterations, so long as the following copyright notice is included: "Copyright 2010, Galavante Group LLC. All Rights Reserved." You acknowledge that you do not acquire any ownership rights by downloading any Content from the Site.
To report copyright infringements on this Site, please notify:
c/o The Galavante Group LLC
200 Riverside Blvd, Suite 20E
New York, NY 10069
The foregoing notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Galavante to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SITE-RELATED SERVICES, THE CONTENT UPLOADED, POSTED OR TRANSMITTED ON OR THROUGH THE SITE, AND ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT 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 THE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY GALAVANTE. GALAVANTE MAKES NO WARRANTY THAT THE SITE, THE SITE-RELATED SERVICES AND THE CONTENT UPLOADED, POSTED OR TRANSMITTED ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SITE-RELATED SERVICES (INCLUDING, WITHOUT LIMITATION, THE LINKED WEBSITES).
YOU ACKNOWLEDGE AND AGREE THAT GALAVANTE, ITS SPONSORS, ITS THIRD PARTY CONTENT PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS AND CONDITIONS, THE SITE, THE SITE-RELATED SERVICES AND/OR ANY CONTENT UPLOADED, POSTED, OR TRANSMITTED ON OR THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GALAVANTE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SITE-RELATED SERVICES AND/OR ANY CONTENT UPLOADED, POSTED OR TRANSMITTED ON OR THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
A possibility exists that (a) the Site could include inaccuracies or errors; (b) unauthorized additions, deletions and alterations to the Site could be made by third parties; and (c) transmission of the Site, including Content that you submit, may involve transmissions over various networks and changes to confirm and adapt to technical requirements of connection networks or devices. Additionally, any or all Content on the Site may be purged periodically in Galavante’s sole discretion. Galavante therefore assumes no responsibility for the deletion or failure to store any Content that you upload, post, email or otherwise transmit on or through the Site, and makes no guarantees whatsoever as to the Site’s completeness, correctness, or accuracy. However, in the event that such an inaccuracy arises, please inform Galavante so that Galavante can attempt to correct it.
You understand that all Content uploaded, posted or transmitted on or through the Site, whether publicly or privately, is the sole responsibility of the person from which such Content originated. You, and not Galavante, are therefore entirely responsible for all Content that you upload, post, email or otherwise transmit on or through the Site, and the burden of determining whether any such Content is protected by copyright rests solely with you.
In many instances, the Content uploaded, posted or transmitted on or through the Site represents the opinions and judgments of the respective information provider, Site user or member, or other user not under contract with Galavante. Galavante neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized Galavante employee spokespersons while acting in their official capacities. Under no circumstances will Galavante be liable for any loss or damage caused by your reliance on any Content uploaded, posted or transmitted on or through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of such Content.
Furthermore, you acknowledge and agree that you are responsible for obtaining and maintaining all computer software, computer hardware and other equipment needed to access and use the Site and the Site-related services, and all charges related thereto.
You agree to defend, indemnify and hold harmless Galavante, its sponsors, its third party content providers and licensors, and its and their respective shareholders, members, directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorney’s fees) arising directly or indirectly out of or in connection with (a) your breach of the Terms and Conditions (including, without limitation, your violation of the Code of Conduct above), (b) any Content uploaded, posted or transmitted by you on or through the Site and/or (c) your activities in connection with the Site or any Site-related services.
You acknowledge and agree that, by submitting Content to Galavante, you grant to Galavante a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, translate, create derivative works from, and sublicense such Content (in whole or in part) 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 Content. By submitting Content to Galavante, you acknowledge and agree that you have the authority to grant such rights to Galavante. In addition, in operating the Site, Galavante does not solicit, nor does it wish to receive, any confidential, secret or proprietary information or other material from you through the Site or Site-related services. Any information or material submitted or sent to Galavante will therefore be deemed not to be confidential or secret; and, by submitting or sending information or other material to Galavante, you also represent and warrant that the information is original to you and that no other party has any rights to the material. Furthermore, if the submitted Content includes or consist of a software resource, the license granted to Galavante above shall apply to both object code and source code formats of the resource, and Galavante shall have the right under its license to display the source code on the Site; provided, however, that if you write via email to Galavante at firstname.lastname@example.org to request that the source code to any software resource submitted by you be removed from the Site, Galavante will use reasonable commercial efforts to promptly remove such source code from the Site. The foregoing provisions regarding Content are for the benefit of Galavante and its third party content providers and licensors, and each shall have the right to assert and enforce those provisions directly or on its own behalf.
Use of Secure Area and Password
Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the "Authorized Party"). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages to Galavante resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from Galavante in writing, it being understood that Galavante shall be under no obligation to approve any such request.
Galavante shall have the right at any time and for any reason, in its sole discretion, to: (a) modify the Terms and Conditions; (b) modify the Site and the Site-related services (including, without limitation, removing, eliminating or discontinuing any Content or feature thereof, restricting the hours of availability, or limiting the amount of use permitted); and/or (c) modify any fees or charges for use of the Site (including, without limitation, instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof).
Such modifications shall be deemed effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, electronic mail or conventional mail. Your use of the Site and the Site-related services after such modifications shall be deemed to constitute your acceptance of such modifications. You are expected to review this Agreement periodically to ensure familiarity with the most current version, available online at email@example.com. You agree that Galavante shall not be liable to you or to any third party for any such modification.
Galavante shall have the right, at any time and for any reason, in its sole discretion and with or without notice, to immediately terminate the Terms and Conditions and/or any individual's access to and use of the Site and/or such user's password(s) or account(s), in whole or in part (including, without limitation, in the event of any conduct by such user which Galavante deems unacceptable, inappropriate or offensive or any breach by such user of the Terms and Conditions or any applicable law). You agree that Galavante shall not be liable to you or to any third party for any such termination.
This Agreement is entered into in the State of New York, U.S.A., and shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York, U.S.A., and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and reasonable attorney’s fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. You may be subject to additional terms and conditions that may apply if and when you use third party Content or services. No waiver by Galavante of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default; and no such waiver by Galavante of any breach or default hereunder will be valid or binding unless set forth in writing and duly executed by Galavante. You may not assign, delegate or otherwise transfer this Agreement or any of your rights and obligations hereunder without Galavante's prior written consent. If any provision of this Agreement shall be unlawful, void or unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.