1. ACCEPTANCE OF TERMS
Welcome to GoatWorld! GoatWorld provides the GoatWorld Free Pages service to
you, subject to the following Terms of Service ("TOS"), which may be
updated by us from time to time without notice to you; provided that, we
will not alter Section 7 ("Content Submitted to GoatWorld Free Pages") without
prior notice to and acceptance by you. You can review the most current
version of the TOS at any time at: http://www.goatworld.com/tos.shtml.
Please note that other GoatWorld services, outside of GoatWorld, are
governed by a different Terms of Service.
2. DESCRIPTION OF SERVICE
GoatWorld currently provides users with access to a rich collection
of on-line resources, including personal web page hosting services (the
"Service"). Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new GoatWorld resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees
associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by
the Service's 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 GoatWorld has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, GoatWorld has the right to suspend or terminate
your account and refuse any and all current or future use of the Service
(or any portion thereof).
4. GOATWORLD PRIVACY POLICY
Pursuant to GoatWorld's privacy policy, we do not disclose to third parties
certain aggregate information contained in your Registration Data or
related data, except as specifically authorized by you or in
the good faith belief that such action is reasonably necessary to comply
with the law, legal process, to enforce the TOS, or under any of the other
circumstances set forth in our privacy policy, as may be amended from time
to time. For more information, please see our full web site usage policy at http://www.goatworld.com/usage.shtml.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This
means that you, and not GoatWorld, are entirely responsible for all Content
that you upload, post or otherwise transmit via the Service. GoatWorld does
not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a GoatWorld official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service or develop
restricted or password-only access pages, or hidden pages or images (those
not linked to from another accessible page);
(e) upload, post 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);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit any material that contains software
viruses 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) 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;
(k) intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or
promote any act of cruelty to animals. This may include, but is not
limited to, providing instructions on how to assemble bombs, grenades and
other weapons, and creating "Crush" sites;
(o) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond GoatWorld;
(p) have multiple GoatWorld addresses that are within the same GoatWorld neighborhood or that have the same theme; or
(q) engage in commercial activities without enrolling in GoatWorld-approved affiliate programs. This includes, but is not limited to, the following activities:
- offering for sale any products or services;
- soliciting for advertisers or sponsors;
- conducting raffles or contests that require any type of entry fee;
- displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of the GoatWorld Banner Exchange program and the Internet Link Exchange; and
- displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
7. CONTENT SUBMITTED TO YAHOO GEOCITIES
GoatWorld does not claim ownership of the Content you place on your GoatWorld site. By submitting Content to GoatWorld for inclusion on your
GoatWorld Site, you grant GoatWorld the world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying, distributing and promoting your
GoatWorld Site on GoatWorld's Internet Properties. This license exists
only for as long as you continue to be a GoatWorld homesteader and
shall be terminated at the time your GoatWorld Site is terminated.
You acknowledge that GoatWorld does not pre-screen Content, but that GoatWorld
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or remove any Content that is available via the
Service. Without limiting the foregoing, GoatWorld and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold GoatWorld, and its parent company, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your Content, your use of the
Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GoatWorld may establish general practices and limits
concerning use of the Service. Currently, each GoatWorld address
allows particular individuals to have 200kb of disk space for his or her
files.
11. MODIFICATIONS TO SERVICE
GoatWorld reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that GoatWorld shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
12. TERMINATION
You agree that GoatWorld, in its sole discretion, may terminate your
password, GoatWorld Site, use of the Service or use of any other
GoatWorld service, and remove and discard any Content within the Service, for
any reason, including, without limitation, for lack of use or if GoatWorld
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. GoatWorld may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that GoatWorld may immediately deactivate or delete your
GoatWorld Site and all related information and files in your GoatWorld Site and/or bar any further access to such files or the Service. Further, you agree that GoatWorld shall not be liable to you or any third-party for any termination of your access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
GoatWorld runs advertisements and promotions on GoatWorld Sites. By
creating your GoatWorld Site, you agree that GoatWorld has the right to
run such advertisements and promotions. The manner, mode and extent of
advertising by GoatWorld on your GoatWorld Site is subject to change.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that GoatWorld shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because GoatWorld has no control over such
sites and resources, you acknowledge and agree that GoatWorld is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that GoatWorld shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such
site or resource.
15. GOATWORLD PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by GoatWorld or its advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
GoatWorld grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the
interface that is provided by GoatWorld for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOATWORLD EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) GOATWORLD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM GOATWORLD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOATWORLD SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOATWORLD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the above
Sections 16 and 17 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor beware" is
apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing
purposes. GoatWorld shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted via the Service,
and shall not be responsible or liable for any trading or investment
decisions made based on such information.
20. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. COPYRIGHTS
GoatWorld respects the intellectual property rights of others and we ask our users to do the same. Please see our copyright policy at http://www.goatworld.com/usage.shtml.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and GoatWorld and govern
your use of the Service, superceding any prior agreements between you and
GoatWorld (including, but not limited to, any prior versions of
the TOS). You also may be subject to additional terms and conditions that
may apply when you use affiliate or other GoatWorld services, third-party
content or third-party software. The TOS and the relationship between you
and Yahoo shall be governed by the laws of the State of Missouri without
regard to its conflict of law provisions. You and GoatWorld agree to submit to
the personal and exclusive jurisdiction of the courts located within the
county of Branson, Missouri. The failure of GoatWorld to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles
in the TOS are for convenience only and have no legal or contractual
effect.
23. VIOLATIONS
Please report any violations of the TOS to: gary@goatworld.com.