| TERMS OF USE
To insure a safe, nonoffensive environment for
all of our users, we have established our Terms of Use. It spells out what you
can expect from us and what we expect from you. By accessing any areas of
GitchiGitchiYaYa.com, users ("Users") agree to be legally bound and to abide
by the terms set forth below.
TRADEMARKS
Gitchi Gitchi Ya Ya and GitchiGitchiYaYa.com are service marks of GitchiGitchiYaYa.com or its affiliates. All
rights reserved. These and other graphics, logos and service
marks and trademarks may not be used
without prior written consent of GitchiGithiYaYa.com or its affiliates, as the case
may be. All other trademarks, product names, and company names and logos
appearing on GitchiGitchiYaYa.com are the property of their respective owners.
DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of GitchiGitchiYaYa.com is at User's sole risk. Neither
GitchiGitchiYaYa.com, nor its affiliates, nor any of their officers, directors, or
employees, agents, third-party content providers, merchants, sponsors, licensors
(collectively, "Providers"), or the like, warrant that GitchiGitchiYaYa.com
will be uninterrupted or error-free; nor do they make any warranty as to the
results that may be obtained from the use of GitchiGitchiYaYa.com, or as to the
accuracy, reliability, or currency of any information content, service, or
merchandise provided through GitchiGitchiYaYa.com
THIS SITE IS PROVIDED BY GITCHIGITCHIYAYA.COM ON AN "AS IS"AND "AS
AVAILABLE" BASIS. GITCHIGITCHIYAYA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, GITCHIGITCHIYAYA.COM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. GITCHIGITCHIYAYA.COM WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY GITCHIGITCHIYAYA.COM NOR ITS AFFILIATES, NOR
ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE,
SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall GitchiGitchiYaYa.com or any other party involved in
creating, producing, or distributing GitchiGitchiYaYa.com be liable for any direct,
indirect, incidental, special, or consequential damages that result from the use
of or inability to use GitchiGitchiYaYa.com, including but not limited to reliance by
a User on any information obtained from GitchiGitchiYaYa.com or that result from
mistakes, omissions, interruptions, deletion of files or email, errors, defects,
viruses, delays in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to GitchiGitchiYaYa.com's records, programs, or
services. User hereby acknowledges that this paragraph shall apply to all
content, merchandise, and services available through GitchiGitchiYaYa.com. Because
some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states liability is limited to the
fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that GitchiGitchiYaYa.com contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and other
material (collectively "Content") that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies existing now or
hereinafter developed. User may not modify,
remove, delete, augment, add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit any of the
Content, in whole or in part.
b. SINGLE COPY LICENSE
Subject to all provisions herein, you may make one copy, by either downloading
or copying, text, photographs, images, video, and audio contained in this site
on a single computer for your personal, non-commercial use only. However, any
use of GitchiGitchiYaYa.com, including the downloading or copying of our materials
from this Web site for your personal use, will indicate your consent and
agreement to the terms stated in this notice. No right, title or interest in our
material downloaded or copied from this Web site is conveyed to you as a result
of any such downloading or copying, and such downloaded or copied material may
not be used for any commercial purpose. This is a license, not a transfer of
title to our material, and such license is subject to the following
restrictions:
a. you may not reproduce, publish, transmit, distribute, perform, display,
modify, create derivative works from, sell, rent, or otherwise exploit this
site or any of its contents without our prior written permission;
b. you may not post, upload, display or otherwise transmit our materials to
another Web site, including but not limited to, any personal or commercial
Web sites; and
c. you agree to prevent any unauthorized copying of our materials.
If no specific restrictions are displayed, Users may make one copy of select
portions of the Content, provided that the one copy is made only for User's
personal use and that User maintains any notices contained in the Content, such
as all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted by the
fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C. Section
107), User may not upload, post, reproduce, or distribute in any way Content
protected by copyright, or other proprietary right, without obtaining permission
of the owner of the copyright or other propriety right. In addition to the
foregoing, use of any software Content shall be governed by the software license
agreement accompanying such software.
c. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise
distribute on GitchiGitchiYaYa.com only Content that is not subject to any copyright
or other proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given express authorization
for distribution on the World Wide Web. Any copyrighted or other proprietary
Content distributed with the consent of a copyright owner should contain a
phrase such as "Copyright, owned by [name of owner]; used by
permission." The unauthorized submission or distribution of copyrighted or
other proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil suit. User will
be liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such submission. Neither
GitchiGitchiYaYa.com, nor its affiliates, nor any of their officers, directors,
employees, agents, Providers, or the like, will be liable for any damage
resulting from any infringement of copyrights or proprietary rights, or from any
other harm arising from such User submission. In compliance with the Digital
Millennium Copyright Act, Users and other persons can report infringement.
By submitting Content to any User-submit areas, User automatically grants, or
warrants that the owner of such Content has expressly granted GitchiGitchiYaYa.com the
royalty-free, perpetual, irrevocable, nonexclusive right and license to use,
reproduce, publish, translate, sublicense, copy, and distribute the Content in
whole or in part worldwide 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. User also permits any other User to
access, store, or reproduce the Content for that User's personal use. Subject to
this grant, the owner of Content placed on GitchiGitchiYaYa.com retains any and all
rights that may exist in such Content.
d. THIRD-PARTY CONTENT
GitchiGitchiYaYa.com is a distributor and not a publisher of Content supplied by third
parties and Users. GitchiGitchiYaYa.com has no more editorial control over such
Content than does a public library or newsstand. Any opinions, advice,
statements, services, offers, or other information that constitutes part of
Content expressed or made available by third parties, including Providers or any
other User of GitchiGitchiYaYa.com, are those of the respective authors or
distributors and not of GitchiGitchiYaYa.com or its affiliates or any of their
officers, directors, employees, or agents. Neither GitchiGitchiYaYa.com nor its
affiliates, nor any of their officers, directors, employees, or agents, nor any
third party, including any Provider, or any other User of GitchiGitchiYaYa.com,
guarantees the accuracy, completeness, or usefulness of any Content, nor its
merchantability or fitness for any particular purpose. In many instances, the
Content available through GitchiGitchiYaYa.com represents the opinions and judgments
of the respective Provider, or User not under contract with GitchiGitchiYaYa.com.
GitchiGitchiYaYa.com neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice, or statement made on GitchiGitchiYaYa.com by
anyone other than authorized GitchiGitchiYaYa.com employees. Under no circumstances
shall GitchiGitchiYaYa.com, or its affiliates, or any of their officers, directors,
employees, or agents be liable for any loss, damage or harm caused by a User's
reliance on information obtained through GitchiGitchiYaYa.com. It is the
responsibility of User to evaluate the information, opinion, advice, or other
Content available through GitchiGitchiYaYa.com.
e. EXPORT
The U.S. export control laws regulate the export and reexport of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
User agrees to abide by these laws and their regulations -- including but not
limited to the Export Administration Act and the Arms Export Control Act and not
to transfer, by electronic transmission or otherwise, any Content derived from
fredericks.com to either a foreign national or a foreign destination in
violation of such laws.
f. LINKS
GitchiGitchiYaYa.com is not responsible for the availability of external sites or
resources linked to this site, 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. GitchiGitchiYaYa.com shall not be responsible
or liable, directly or indirectly, for any damages 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.
IV. ONLINE CONDUCT
User agrees to use GitchiGitchiYaYa.com only for lawful purposes. User is prohibited
from posting on or transmitting through GitchiGitchiYaYa.com any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable material of
any kind, including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international law.
If GitchiGitchiYaYa.com is notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content provided by User, GitchiGitchiYaYa.com may investigate
the allegation and determine in its sole discretion whether to remove or request
the removal of such Content from GitchiGitchiYaYa.com. GitchiGitchiYaYa.com may disclose any
Content or electronic communication of any kind to satisfy any law, regulation, or government request;
if such disclosure is necessary or appropriate to operate GitchiGitchiYaYa.com; or
to protect the rights or property of GitchiGitchiYaYa.com, its Users or
Providers.
GitchiGitchiYaYa.com reserves the right to prohibit conduct, communication, or Content
that it deems in its sole discretion to be harmful to individual Users,
GitchiGitchiYaYa.com, the communities that make up GitchiGitchiYaYa.com, or any rights of
GitchiGitchiYaYa.com or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither GitchiGitchiYaYa.com nor its Providers can
ensure prompt removal of questionable Content after online posting. Accordingly,
neither GitchiGitchiYaYa.com, nor its affiliates, nor any of their officers,
directors, employees, or agents, nor Providers shall assume liability for any
action or inaction with respect to conduct, communication, or Content on
GitchiGitchiYaYa.com.
V. PRIVACY POLICY
In accordance with the terms of GitchiGitchiYaYa.com's
Privacy Policy GitchiGitchiYaYa.com respects the privacy of its Users.
VI. TERMINATION OF USAGE
GitchiGitchiYaYa.com may terminate User's access, or suspend any User's access to all
or part of GitchiGitchiYaYa.com, without notice, for any conduct that GitchiGitchiYaYa.com,
in its sole discretion, believes is in violation of any applicable law or is
harmful to the interests of another User, a third-party Provider, a service
provider, or GitchiGitchiYaYa.com.
VII. USAGE BY MINORS
GitchiGitchiYaYa.com cannot prohibit minors from visiting this site. GitchiGitchiYaYa.com
must rely on parents, guardians and those responsible for supervising minors to
decide which materials are appropriate for such children to view.
GitchiGitchiYaYa.com requires that all purchases be made by an adult.
EACH TIME YOU PURCHASE A PRODUCT AT GITCHIGITCHIYAYA.COM, YOU ARE REPRESENTING TO
GITCHIGITCHIYAYA.COM YOU ARE AN ADULT.
VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any
reason any provision of these Terms of Use shall be held invalid or
unenforceable in whole or in part in any jurisdiction, such provision shall, as
to such jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions hereof in any
jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents
referenced herein, represents the entire understanding between you and
GitchiGitchiYaYa.com regarding your relationship with GitchiGitchiYaYa.com and supersedes
any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF
USE by using the GitchiGitchiYaYa.com web site. The aforementioned Terms of Use are
subject to change.
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