This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Gossip ERA Services. By using the Gossip ERA Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Gossip ERA Website) or you are a “Gossip ERA member” (which means that you have registered with gossipera.com). The term “User” refers to a Visitor or a Gossip ERA member. You are only authorized to use the Gossip ERA Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Gossip ERA Website and discontinue use of the Gossip ERA Services immediately. If you wish to become a Gossip ERA member, communicate with other Gossip ERA members and make use of the Gossip ERA Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes gossipera.com’s policy for acceptable use of the Gossip ERA Services and Content posted on the Gossip ERA Website, your rights, obligations and restrictions regarding your use of the Gossip ERA Services and gossipera.com’s Privacy Policy. In order to participate in certain Gossip ERA Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Gossip ERA Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
gossipera.com may modify this Agreement from time to time and such modification shall be effective upon posting by gossipera.com on the Gossip ERA Website. You agree to be bound to any changes to this Agreement when you use the Gossip ERA Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on gossipera.com and that you provide to other Users. Your gossipera.com profile may not include the following items: telephone nuMHers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other gossipera.com Gossip ERA members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and gossipera.com assumes no responsibility or liability for this material. If you become aware of misuse of the Gossip ERA Services by any person, please contact Gossip ERA or click on the “Report Inappropriate Content” link at the bottom of any gossipera.com page.
gossipera.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Gossip ERA Services at any time, for any or no reason, with or without prior notice, and without liability. Gossip ERA expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Gossip ERA Services if Gossip ERA determines, in its sole discretion, that you pose a threat to Gossip ERA and/or its Users.
Eligibility. Use of and Gossip ERA membership in the Gossip ERA Services is void where prohibited. By using the Gossip ERA Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Gossip ERA Services does not violate any applicable law or regulation. Your profile may be deleted and your Gossip ERA membership may be terminated without warning, if we believe that you are under 14 years of age.
Term. This Agreement shall remain in full force and effect while you use the Gossip ERA Services or are a Gossip ERA member. You may terminate your Gossip ERA membership at any time, for any reason, by following the instructions on the Gossip ERA member’s Account Settings page. gossipera.com may terminate your Gossip ERA membership at any time, without warning. Even after Gossip ERA membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fees. You acknowledge that gossipera.com reserves the right to charge for the Gossip ERA Services and to change its fees from time to time in its discretion. If gossipera.com terminates your Gossip ERA membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Password. When you sign up to become a Gossip ERA member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Gossip ERA member at any time or to disclose your password to any third party. You agree to notify gossipera.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Gossip ERA members. The Gossip ERA Services are for the personal use of Gossip ERA members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by gossipera.com. Illegal and/or unauthorized use of the Gossip ERA Services, including collecting usernames and/or email addresses of Gossip ERA members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Gossip ERA Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Gossip ERA member profiles without notice and may result in termination of Gossip ERA membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Gossip ERA Services.
Proprietary Rights in Content on gossipera.com.
gossipera.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Gossip ERA Services. After posting your Content to the Gossip ERA Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Gossip ERA Services, you hereby grant to gossipera.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Gossip ERA Services.
Without this license, gossipera.com would be unable to provide the Gossip ERA Services. For example, without the right to modify Gossip ERA member Content, gossipera.com would not be able to digitally compress music files that Gossip ERA members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Gossip ERA member Content, gossipera.com could not allow Users to listen to music posted by Gossip ERA members. The license you grant to gossipera.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to gossipera.com), fully-paid and royalty-free (meaning that gossipera.com is not required to pay you for the use on the Gossip ERA Services of the Content that you post), sublicensable (so that gossipera.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Gossip ERA Services), and worldwide (because the Internet and the Gossip ERA Services are global in reach). This license will terminate at the time you remove your Content from the Gossip ERA Services. The license does not grant gossipera.com the right to sell your Content, nor does the license grant gossipera.com the right to distribute your Content outside of the Gossip ERA Services.
You represent and warrant that: (i) you own the Content posted by you on or through the Gossip ERA Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Gossip ERA Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Gossip ERA Services.
The Gossip ERA Services contain Content of gossipera.com (“gossipera.com Content”). gossipera.com Content is protected by copyright, trademark, patent, trade secret and other laws, and gossipera.com owns and retains all rights in the gossipera.com Content and the Gossip ERA Services. gossipera.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the gossipera.com Content (excluding any software code) solely for your personal use in connection with viewing the Gossip ERA Website and using the Gossip ERA Services.
The Gossip ERA Services contain Content of Users and other gossipera.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Gossip ERA Services.
Content Posted.gossipera.com may delete any Content that in the sole judgment of gossipera.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. gossipera.com assumes no responsibility for monitoring the Gossip ERA Services for inappropriate Content or conduct. If at any time gossipera.com chooses, in its sole discretion, to monitor the Gossip ERA Services, gossipera.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Gossip ERA Services, and any material or information that you transmit to other Gossip ERA members and for your interactions with other Users. gossipera.com does not endorse and has no control over the Content. Content is not necessarily reviewed by gossipera.com prior to posting and does not necessarily reflect the opinions or policies of gossipera.com. gossipera.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Gossip ERA members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Gossip ERA Services. gossipera.com reserves the right to investigate and take appropriate legal action against anyone who, in gossipera.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Gossip ERA Services and terminating the Gossip ERA membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of gossipera.com:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;harasses or advocates harassment of another person;exploits people in a sexual or violent manner;contains nudity, violence, or offensive subject matter or contains a link to an adult website;solicits personal information from anyone under 18;provides any telephone nuMHers, street addresses, last names, URLs or email addresses;promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;includes a photograph of another person that you have posted without that person’s consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Gossip ERA Website and through your use of the Gossip ERA Services. gossipera.com reserves the right to investigate and take appropriate legal action against anyone who, in gossipera.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gaMHling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Gossip ERA member to buy or sell any products or services through the Gossip ERA Services. You may not transmit any chain letters or junk email to other Gossip ERA members. It is also a violation of these rules to use any information obtained from the Gossip ERA Services in order to contact, advertise to, solicit, or sell to any Gossip ERA member without their prior explicit consent. In order to protect our Gossip ERA members from such advertising or solicitation, gossipera.com reserves the right to restrict the nuMHer of emails which a Gossip ERA member may send to other Gossip ERA members in any 24-hour period to a nuMHer which gossipera.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Gossip ERA Services, you acknowledge that you will have caused substantial harm to gossipera.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay gossipera.com $50 for each such unsolicited email or other unsolicited communication you send through the Gossip ERA Services;covering or obscuring the banner advertisements on your personal profile page, or any gossipera.com page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;interfering with, disrupting, or creating an undue burden on the Gossip ERA Services or the networks or services connected to the Gossip ERA Services;attempting to impersonate another Gossip ERA member or person;for band profiles, copying the code for your Gossip ERA Player and eMHedding it into other profiles or asking other Gossip ERA members to eMHed it into their profiles;using the account, username, or password of another Gossip ERA member at any time or disclosing your password to any third party or permitting any third party to access your account;selling or otherwise transferring your profile;using any information obtained from the Gossip ERA Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Gossip ERA Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose; or using the Gossip ERA Services in a manner inconsistent with any and all applicable laws and regulations.Gossip ERA member Disputes. You are solely responsible for your interactions with other gossipera.com Gossip ERA members. gossipera.com reserves the right, but has no obligation, to monitor disputes between you and other Gossip ERA members.
Please contact us at: Contact Gossip ERA with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
