1. Acceptance of Terms
GroupOS provides a collection of online resources,
including classified ads, forums, and various services,
(referred to hereafter as "the Service") subject to the
following Terms of Service ("Terms"), which may be updated
by GroupOS from time to time. GroupOS will
provide notice of materially significant changes to the Term
by posting notice on the GroupOS site. You can review
the most current version of the Terms at:
http://www.GroupOS.com/tos.htm.
By using the Service in any way, you are agreeing to
comply with these Terms. In addition, when using particular
GroupOS services, you agree to abide by any applicable
posted guidelines for all GroupOS services, which may
change from time to time. Should you object to any term or
condition of these Terms, any guidelines, or any subsequent
modifications thereto or become dissatisfied with
GroupOS in any way, your only recourse is to
immediately discontinue use of GroupOS.
2. Content and Eligibility
By using and/or viewing this site, you represent and warrant
that you have the right, authority, and capacity to enter
into this agreement and to abide by all of the terms and
conditions of this agreement and that you are at least
18-years old (21-years old in AL, MS, NE, WY, and any other
location where 18 is not the age of majority) - who are
interested in and wish to have access to visual images,
verbal and written descriptions and audio sounds of a
sexually oriented, and frankly erotic nature. The materials,
which are available within this site may include graphic
visual depictions and descriptions of nudity and sexual
activity and should not be accessed by anyone who is younger
than 18-years old (21-years old in AL, MS, NE, WY, and any
other location where 18 is not the age of majority) or who
is offended by such materials or who does not wish to be
exposed to such materials.You understand that all postings, messages, text, files,
images, photos, video, sounds, or other materials
("Content") posted on, transmitted through, or linked from
the Service, are the sole responsibility of the person from
whom such Content originated. More specifically, you are
entirely responsible for all Content that you post, email or
otherwise make available via the Service. You understand
that GroupOS does not control, and is not responsible
for Content made available through the Service, and that by
using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the GroupOS site and
Content available through the Service may contain links to
other websites, which are completely independent of
GroupOS. GroupOS makes no representation or
warranty as to the accuracy, completeness or authenticity of
the information contained in any such site. Your linking to
any other websites is at your own risk. You agree that you
must evaluate, and bear all risks associated with, the use
of any Content, that you may not rely on said Content, and
that under no circumstances will GroupOS be liable in
any way for any Content or for any loss or damage of any
kind incurred as a result of the use of any Content posted,
emailed or otherwise made available via the Service. You
acknowledge that GroupOS does not necessarily pre-screen or
approve Content, but that GroupOS shall have the right
(but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via the
Service, for violating the letter or spirit of the Terms or
for any other reason.
3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please notify
GroupOS' agent for notice of claims of copyright or
other intellectual property infringement ("Agent"), at
web@GroupOS.com or:
Copyright Agent
R.J. Howard Computing
P.O. Box 4495
Palm Springs, CA 92263
Please provide our Agent with the following Notice:
- Identify the copyrighted work or other intellectual
property that you claim has been infringed;
- Identify the material on the GroupOS site that
you claim is infringing, with enough detail so that we
may locate it on the website;
- A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- A statement by you declaring under penalty of
perjury that (a) the above information in your Notice is
accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized
to act on behalf of that owner;
- Your address, telephone number, and email address;
and
- Your physical or electronic signature.
GroupOS will remove the infringing posting(s), subject
to the the procedures outlined in the Digital Millenium
Copyright Act (DMCA).
4. Conduct
You agree not to post, email, or otherwise make available
Content:
- that is unlawful, harmful, threatening, abusive,
harassing, defamatory, pornographic, libelous, invasive
of another's privacy, or harms minors in any way;
- that harasses, degrades, intimidates or is hateful
toward an individual or group of individuals on the
basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
- that impersonates any person or entity, including,
but not limited to, a GroupOS employee, or falsely
states or otherwise misrepresents your affiliation with
a person or entity;
- that includes personal or identifying information
about another person without that person's explicit
consent.
- that is false, deceptive, misleading, deceitful,
misinformative, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party, or
Content that you do not have a right to make available
under any law or under contractual or fiduciary
relationships.
- that constitutes or contains "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial
advertisement.
- that constitutes or contains any form of advertising
or solicitation if (1) posted in areas of the
GroupOS sites which are not designated for such
purposes; or (2) emailed to GroupOS users who have
requested not to be contacted about other services,
products or commercial interests.
- that advertises any illegal services or the sale of
any items the sale of which is prohibited or restricted
by applicable law, including without limitation items
the sale of which is prohibited or regulated by
California law.
- 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;
- that disrupts the normal flow of dialogue with an
excessive number of messages (flooding attack) to the
Service, or that otherwise negatively affects other
users' ability to use the Service; or
- that employs misleading email addresses, or forged
headers or otherwise manipulated identifiers in order to
disguise the origin of Content transmitted through the
Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for
commercial or unlawful purposes;
- use automated means, including spiders, robots,
crawlers, data mining tools, or the like to download
data from the Service - exception is made for internet
search engines (e.g. Google) and non-commercial public
archives (e.g. archive.com) that comply with our
robots.txt file;
- purposefully post Content in a irrelevant category,
repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load
on our infrastructure; or
- attempt to gain unauthorized access to
GroupOS' computer systems or engage in any
activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the
functionality of, the Service or the GroupOS
website.
5. No Spam Policy
You understand and agree that sending unsolicited email
advertisements to GroupOS email addresses or through
GroupOS computer systems, which is expressly
prohibited by these Terms, will use or cause to be used
servers located in California. Any unauthorized use of
GroupOS computer systems is a violation of these Terms
and certain federal and state laws, including without
limitation the Computer Fraud and Abuse Act (18 U.S.C. §
1030 et seq.), Section 502 of the California Penal Code and
Section 17538.45 of the California Business and Professions
Code. Such violations may subject the sender and his or her
agents to civil and criminal penalties.
6. Limitations on service
You acknowledge that GroupOS may establish limits
concerning use of the Service, including the maximum number
of days that Content will be retained by the Service, the
maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the
Service, and the frequency with which you may access the
Service. You agree that GroupOS has no responsibility
or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You
acknowledge that GroupOS reserves the right at any
time to modify or discontinue the Service (or any part
thereof) with or without notice, and that GroupOS
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
7. Termination of service
You agree that GroupOS, in its sole discretion, has
the right (but not the obligation) to delete or deactivate
your account, block your email or IP address, or otherwise
terminate your access to or use of the Service (or any part
thereof), immediately and without notice, and remove and
discard any Content within the Service, for any reason,
including, without limitation, if GroupOS believes
that you have acted inconsistently with the letter or spirit
of the Terms. Further, you agree that GroupOS shall not be
liable to you or any third-party for any termination of your
access to the Service. Further, you agree not to attempt to
use the Service after said termination.
8. Dealings with organizations and individuals
Your interactions with organizations and/or individuals
found on or through the Service, including payment and
delivery of goods or services, and any other terms,
conditions, warranties or representations associated with
such dealings, are solely between you and such organizations
and/or individuals. You agree that GroupOS shall not
be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. If there is a
dispute between participants on this site, or between users
and any third party, you understand and agree that
GroupOS is under no obligation to become involved. In
the event that you have a dispute with one or more other
users, you hereby release GroupOS, its officers,
employees, agents and successors in rights from claims,
demands and damages (actual and consequential) of every kind
or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way
related to such disputes and / or our service. If you are a
California resident, you waive California Civil Code Section
1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement
with the debtor."
9. Proprietary rights
The Service is protected to the maximum extent permitted by
copyright laws and international treaties. Content displayed
on or through the Service is protected by copyright as a
collective work and/or compilation, pursuant to copyrights
laws, and international conventions. Any reproduction,
modification, creation of derivative works from or
redistribution of the Sites or the collective work is
prohibited. Copying or reproducing the sites or any portion
thereof to any other server or location for further
reproduction or redistribution is prohibited. You further
agree not to reproduce, duplicate or copy Content from the
Service, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without
limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any aspect of the Service. GroupOS is a
service mark of R.J. Howard Computing.
Although
GroupOS does not claim ownership of content that its
users post, by posting Content to any public area of the
Service, you automatically grant, and you represent and
warrant that you have the right to grant, to GroupOS
an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, and
distribute said Content and to prepare derivative works of,
or incorporate into other works, said Content, and to grant
and authorize sublicenses (through multiple tiers) of the
foregoing.
10. Disclaimer of Warranties
YOU AGREE THAT USE OF THE GroupOS SITE AND THE SERVICE
IS ENTIRELY AT YOUR OWN RISK. THE GroupOS SITE AND THE
SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, GroupOS DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE GroupOS SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW,
GroupOS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE GroupOS
SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS
ON THE GroupOS SITE. TO THE FULLEST EXTENT PERMITTED
BY LAW, GroupOS DISCLAIMS ANY WARRANTIES FOR VIRUSES
OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
GroupOS SITE OR THE SERVICE. Some jurisdictions do not
allow the disclaimer of implied warranties. In such
jurisdictions, some of the foregoing disclaimers may not
apply to you insofar as they relate to implied warranties.
11. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL GroupOS BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (EVEN IF GroupOS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT
OF YOUR USE OF THE GroupOS SITE OR THE SERVICE,
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
GroupOS SITE OR THE SERVICE, FROM INABILITY TO USE THE
GroupOS SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
GroupOS SITE OR THE SERVICE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE GroupOS SITE OR THE SERVICE OR ANY
LINKS ON THE GroupOS SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE GroupOS SITE OR THE SERVICE OR ANY
LINKS ON THE GroupOS SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdiction, limitations of liability are not permitted. In
such jurisdictions, some of the foregoing limitation may not
apply to you.
12. Indemnity
You agree to indemnify and hold GroupOS, its officers,
subsidiaries, affiliates, successors, assigns, directors,
officers, agents, service providers, suppliers and
employees, harmless from any claim or demand, including
reasonable attorney fees and court costs, made by any third
party due to or arising out of Content you submit, post or
make available through the Service, your use of the Service,
your violation of the Terms, your breach of any of the
representations and warranties herein, or your violation of
any rights of another.
13. General information
The Terms constitute the entire agreement between you and
GroupOS and govern your use of the Service,
superseding any prior agreements between you and
GroupOS. The Terms and the relationship between you
and GroupOS shall be governed by the laws of the State
of California without regard to its conflict of law
provisions. You and GroupOS agree to submit to the
personal and exclusive jurisdiction of the courts located
within the county of Riverside, California. The failure of
GroupOS to exercise or enforce any right or provision
of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms 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 Terms 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 Terms
must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
14. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the
posting(s) for review, or by emailing to
web@GroupOS.com. Our failure to act with respect
to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches.
You understand and agree that, because damages are often
difficult to quantify, if actual damages cannot be
reasonably calculated then you will be liable to pay
GroupOS liquidated damages as follows:
a. If you post a message that (1) impersonates any person
or entity; (2) falsely states or otherwise misrepresents
your affiliation with a person or entity; or (3) that
includes personal or identifying information about another
person without that person's explicit consent, you agree to
pay GroupOS one thousand dollars ($1,000) for each
such message.
b. If GroupOS establishes limits on the frequency
with which you may access the Service, or terminates your
access to or use of the Service, you agree to pay
GroupOS one hundred dollars ($100) for each message
posted in excess of such limits or for each day on which you
access GroupOS in excess of such limits, whichever is
higher.
c. If you send unsolicited email advertisements to
GroupOS email addresses or through GroupOS
computer systems, you agree to pay GroupOS twenty five
dollars ($25) for each such email.
d. If you post messages in violation of these Terms of
Service, other than as described above, you agree to pay
GroupOS one hundred dollars ($100) for each such
message. In its sole discretion, GroupOS may elect to
issue a warning before assessing damages.
Otherwise, you agree to pay GroupOS' actual
damages, to the extent such actual damages can be reasonably
calculated.
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