PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a “Contribution”), or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Web Site and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Austin's Find&GoSeek reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- “Stalk” another;
- Upload, post, publish, e-mail, 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;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Austin's Find&GoSeek official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
- Upload, post, publish, e-mail, 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 (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; Upload, post, publish, e-mail, 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;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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;
- Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect 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;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge and agree that Austin's Find&GoSeek may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Austin's Find&GoSeek, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Austin's Find&GoSeek assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to austin.findandgoseek.net.
Any or all Content on the Web Site may be purged periodically in Austin's Find&GoSeek’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Austin's Find&GoSeek or submitted to Austin's Find&GoSeek, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of Austin's Find&GoSeek, and Austin's Find&GoSeek does not support or endorse Content (including any Contribution, whether or not edited by Austin's Find&GoSeek or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Restrictions on Use of Material
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
In operating this site, Austin's Find&GoSeek does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Austin's Find&GoSeek mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Austin's Find&GoSeek, will be deemed not to be confidential or secret. By submitting or sending information or other material to Austin's Find&GoSeek you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s Grant of Limited License
By communicating with Austin's Find&GoSeek, including submitting or sending Content, a Contribution or other information or material to austin.findandgoseek.net, you grant Austin's Find&GoSeek the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Austin's Find&GoSeek feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Austin's Find&GoSeek.
You also warrant that any “moral rights” in posted materials have been waived.
Representations and Warranties
You represent and warrant that: (a) you have the power and authority to agree to these terms; (b) you are at least eighteen (18) years of age; (c) you shall not use any rights granted hereunder including, without limitation, the right to access and use the site, for any unlawful purpose; and (d) you shall access and use this site only as permitted by these terms.
You may be able to access links to third parties’ Web Sites (“Linked Sites”) from the Austin's Find&GoSeek Web Site. Linked Sites are not, however, reviewed, controlled, or examined by Austin's Find&GoSeek in any way and Austin's Find&GoSeek is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Austin's Find&GoSeek’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Austin's Find&GoSeek be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Austin's Find&GoSeek reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to austin.findandgoseek.net. To seek our permission, you may write to Austin's Find&GoSeek. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Intellectual Property Rights
Disclaimer of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, AUSTIN'S FIND&GOSEEK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) 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, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. AUSTIN'S FIND&GOSEEK DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
AUSTIN'S FIND&GOSEEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT AUSTIN'S FIND&GOSEEK OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL AUSTIN'S FIND&GOSEEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF AUSTIN'S FIND&GOSEEK OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. IN NO EVENT SHALL AUSTIN'S FIND&GOSEEK’S AGGREGATE LIABILITY TO YOU EXCEED $1,000. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AUSTIN'S FIND&GOSEEK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF THIS SITE OR ANY SERVICE PROVIDED HEREUNDER MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE SUCH ACTION OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Applicable Laws / Jurisdiction
We control and operate this site from our offices in Austin, Texas. We do not represent that materials on the site are appropriate or available for use outside of Austin, Texas. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.
If you have any questions about this policy or our site in general, please contact us.