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Gogal Publishing Company
Terms of Use Agreement


Definitions

The words “you” or “your” mean or refer to not only yourself, but also your employees, agents, representatives, accountants and attorneys.

The words “Terms of Use” and/or “Agreement” refers to the Gogal Publishing Company Terms of Use agreement governing this Web site and any other online service of the Gogal Publishing Company.

The words “Web site” and/or “Site” refers to the web site, the online store and any computer systems, networks or server structures connected to the Web site.

The singular of any word used herein shall be deemed to include the plural of such word, and the plural shall include the singular.

Terms of Use

Your use of this Web site (“Site”) is conditioned on your acceptance of all of the terms, conditions and notices contained or incorporated by reference herein and any such additional terms and conditions, agreements and notices that may apply to any page or section of the Site. You should read all of the terms carefully. Your use of this Site for any purpose means that you are agreeing to all such terms, conditions and notices as well as any other terms, guidelines or rules that are applicable to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information or products from this Site.

You may use the Online Store Service (hereinafter “Store”) provided on this Site conditioned upon your agreement to and continuing compliance with these Terms of Use agreement by accessing it with a web browser. You may not use the Store provided on this Site by any other method.

The terms and conditions set forth herein constitute the full and complete agreement between you and Gogal Publishing Co. and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.

Amendments

Gogal Publishing Company, LLC (hereinafter “Gogal Publishing Company”) may, without advance notice, reserve the right to amend, change, modify, alter, update or discontinue the terms, conditions and notices under which this Site is offered and the services, features, links, content, information and any other materials offered via this Site. Each and every such amendment shall become effective immediately for all pre-existing and future accounts. It is the responsibility of every user, account holder, visitor or other patron of Gogal Publishing Company to be aware of its current terms and conditions. By your continued use of the Site following such modifications, alterations or updates, you agree to be bound by such modifications, alterations, or updates.

Ownership


Website Copyright

Copyright notice for all pages on this web site: © 2010 Gogal Publishing Company, Inc. All Rights Reserved. The content of this Site is the property of Gogal Publishing Company or its content suppliers. The word “content” as it is used here includes, but is not limited to graphics, logos, icons audio files, video files, data compilations, digital downloads, software and text. Any reproduction of the content of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of Gogal Publishing Company’s copyrighted works without first obtaining Gogal Publishing Company’s written consent. You may not view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above.

Website Trademark

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Gogal Publishing Company, or other respective owners. You may not display or reproduce the Marks other than with the prior written consent of Gogal Publishing Company, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Site.

Store Service and Product Ownership

You agree that this Site and its Store is for your personal and non-commercial use. The Store and the merchandise offered thereon (including, but not limited to, any titles, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights and documentation) (hereafter “Products”) are copyrighted works owned by Gogal Publishing Company and its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws. Gogal Publishing Company reserves all rights in connection with its Products and the Store, including without limitation the exclusive right to create derivative works. You agree that you will not create any work based on the Products or the Store. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone, including but not limited to others in the same company or organization without Gogal Publishing Company’s express prior written consent. Any reproduction or redistribution of any proprietary Service feature or program or Product not in accordance with any policy or agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.

Links to Third Party Sites

Gogal Publishing Company does not control third party web sites that may be included on its Site from time to time, and is not responsible for the contents of these web sites. Any links to such web sites on this Site does not imply any endorsement of the material on such third party web sites. If you access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

Privacy

It is your responsibility to review Gogal Publishing Company’s privacy policy which also governs your visit to this Site and its related services.

Forms, Registration and Passwords

If any of the services, information or materials provided via this Site require you to open an account, register or provide certain information, you agree to complete the account initiation, registration or other process by providing Gogal Publishing Company with current, complete and accurate information as requested by any forms. You acknowledge and agree that any login, identifier or password issued in connection with this Site (each, a “Password”) is confidential information. You agree to maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access this Site using such Password. You agree to be solely responsible for any and all action that occurs as a result of any access to your account through the use of your Password. You agree to notify Gogal Publishing Company immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Gogal Publishing Company. You acknowledge and agree that Gogal Publishing Company, in its sole discretion, may suspend or discontinue your service, and refuse any and all current and future, access to or use of any portion of this Site at any time without notice to you.

User Obligations and Restrictions

The following restrictions and rules are in addition to all other restrictions and rules contained herein and are not intended to supercede or replace any other restriction or rule. These rules supplement all other restrictions and rules of this agreement:

(1) You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.

(2) You may not connect to or use the Site or Store or the computer systems or networks connected to the Site or Store in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site or Store, the computer systems or networks connected to the Site or Store or otherwise attempt to disrupt the Site or Store, the computer systems or networks connected to the Site or Store or any other person's use of the Service; or (b) attempt to gain unauthorized access to the Site or Store or the computer systems or networks connected to the Site or Store.

(3) You agree not use your account to or otherwise knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following:

a. False or Misleading Header Information

b. Deceptive Subject Lines

c. Failure to provide an opt-out method

d. Failure to Identify the message as an advertisement

e. Failure to include a physical Postal Address

(4) You agree not to make or attempt any unauthorized access to any Gogal Publishing Company website or the website of any Gogal Publishing Company member.

(5) You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

(6) You agree that you will not (a) obtain or attempt to obtain any information from the Site or Store or any other related service of Gogal Publishing Company; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Store or Site, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through this Site or Store.

(7) You agree not to undertake any action which is harmful or potentially harmful to the Gogal Publishing Company Site, Store or server structure.

(8) You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of Gogal Publishing Company (b) any reseller of Gogal Publishing Company (c) any other person or (d) any employee or contractor of Gogal Publishing Company.

(9) You agree that Gogal Publishing Company will make the sole determination of any whether this acceptable use policy has been violated.

Disclaimer and Indemnification

THIS SITE AND STORE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GOGAL PUBLISHING COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, STORE OR RELATED SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, STORE OR RELATED SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GOGAL PUBLISHING COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF GOGAL PUBLISHING COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS ARE PROVIDED BY GOGAL PUBLISHING COMPANY OR ANY THIRD PARTY. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOGAL PUBLISHING COMPANY AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, WHETHER PROVIDED OR OWNED BY IT OR THEM OR BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SITEOWNER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, AND YOU MAY NOT RELY ON THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN GOGAL PUBLISHING COMPANY, THE SITEOWNER AND YOU, EXCEPT FOR THESE TERMS OF USE AND THE PRIVACY POLICY.

GOGAL PUBLISHING COMPANY MAKES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON ITS SITE AND STORE. GOGAL PUBLISHING COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. GOGAL PUBLISHING COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT ON THIS SITE. NEITHER GOGAL PUBLISHING COMPANY, NOR ANY INFORMATION SOURCE SHALL BE RESPONSIBLE FOR INFORMATION PROVIDED HEREIN UNDER ANY THEORY OF LIABILITY OR INDEMNITY AND, LIKEWISE, IN NO EVENT SHALL GOGAL PUBLISHING COMPANY OR ANY INFORMATION SOURCE BE LIABLE FOR ANY DAMAGES.

CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SITEOWNER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. SITEOWNER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY AND COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE OF THIS SITE, YOU WARRANT TO SITEOWNER THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES.

Force Majeure

Gogal Publishing Company shall not be liable in damages for any reason or circumstance if such circumstances or damages are caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

Monitoring

Gogal Publishing Company has no obligation to monitor this Site or any portion thereof. However, Gogal Publishing Company reserves the right to review any content, text, images, files, information or other materials submitted to or posted on this Site, including, without limitation, on the “Forums” portion of this Site, and remove, delete, redact or otherwise modify such any content, text, images, files, information or other materials submitted to or posted on this Site, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Gogal Publishing Company does not endorse, and you may not rely on, any content, text, images, files, information or other materials submitted to or posted on this Site.

Dispute Resolution


Mediation:

If any controversy, dispute or claim arises out of or related to your use of this Site, Store the computer systems or networks connected to the Site or Store arises ("Dispute"), you and Gogal Publishing Company agree to first attempt to informally negotiate any Dispute (except those Disputes expressly provided below) for at least thirty (30) days before initiating any formal arbitration or court proceeding. Negotiations will begin upon written notice. Gogal Publishing Company will send its notice to your billing address and email that you have provided. You will send your notice to Gogal Publishing Company, 2017 Blackhorse Drive, Warrington, PA 18976-2114, ATTN: Mediation

Binding Arbitration:

If negotiation does not result in a resolution of the Dispute, the Dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

Exceptions:

You and Gogal Publishing Company agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Gogal Publishing Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

Equitable Remedies:

You hereby agree that Gogal Publishing Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled; without bond, other security, or proof of damages; to all appropriate equitable remedies with respect to breaches of the Terms of Use, in addition to such other remedies permitted by law.

Attorneys’ Fees

In the event any formal litigation is initiated in any court in connection with the Terms of Use, the Store or related services, by either party, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

Enforcement

You hereby agree that the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated by you will be Bucks County, Pennsylvania, USA. These Terms of Use and the relationship between you and Gogal Publishing Company will be governed by the laws of the Commonwealth of Pennsylvania as if you signed these Terms of Use in Pennsylvania. The provisions of these Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.

Foreign Jurisdictions

Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Law Enforcement Requests; Subpoenas

Gogal Publishing Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gogal Publishing Company’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Gogal Publishing Company with respect to such use.

Admissibility of Terms of Service in Legal Proceedings

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

U.S. Export Controls

Software available in connection with Gogal Publishing Company is subject to United States export controls. No software may be uploaded to or downloaded from Gogal Publishing Company or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the downloaded software or software components is at your sole risk.

Severability

If any provision or provisions of this Terms of Use Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction; including, but not limited to, the warranty disclaimers and liability limitations set forth above; then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Assignment

Gogal Publishing Company may assign this Terms of Use Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms of Use or your obligations thereunder without Gogal Publishing Company’s prior written consent, and you agree that any unauthorized assignment by you shall be null and void.

Waiver of Contractual Rights

Any failure to enforce any term of the Terms of Use shall not be construed as a present or future waiver of any other provision herein nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by Gogal Publishing Company of any provision of the Terms of Service shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gogal Publishing Company with respect to this Site.

No Agency

Notwithstanding any other provision of this agreement, Gogal Publishing Company is not your agent, partner or joint venturer in any respect.

Notices

All notices shall be in writing and addressed to: Gogal Publishing Company, 2017 Blackhorse Drive, Warrington, PA 18976-2114.

Captions and Headings

The captions and headings in this Terms of Use agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Terms of Use agreement.