| Terms and Conditions of Access
to the Catalog Systems Web site The access to and use of this site are subject to the following terms and conditions and all applicable laws. You may browse this site for personal entertainment, information, and business. In this document C.S. shall mean Catalog Systems. This agreement will apply to the C.S. web site and any other product or service offered for sale by C.S. or through the C.S. web site. The right to use the C.S. web site and any other product or service offered by C.S. through the C.S. web site is personal to you and is not transferable to any other person or entity. C.S. shall have the right at any time to change or discontinue any aspect or feature of the C.S. web site, including, but not limited to, content, hours of availability, registration requirements and equipment needed for access or use. 1. Definitions:
"Service" is the personalized online information, shopping, and interactive service operated by C.S. on the World Wide Web accessible through the C.S. Web site.
"Guest" means each person who registers to use any of the products or services, or features thereof, of the service for which registration is required or requested. 2. Changed Terms:
C.S. shall have the right at any time to improve, change or modify its other terms and conditions applicable to use of the service, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice
thereof, which may be given by any reasonable means including, but not limited to, posting on the service a revised version of this agreement and notification by electronic or conventional mail. Any use of the service by the guest after such notice shall conclusively be deemed to constitute acceptance by the guest of such changes, modifications, additions or deletions. The guest agrees to review the terms and conditions periodically to be aware of such revisions. 3. Guest Conduct:
The service shall be used for lawful purposes only. No material shall be posted on or transmitted which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in C.S.'s judgment, restricts or inhibits any other user from using or enjoying
the service. Advertising or commercial solicitation may not be posted or transmitted through the service by guests, except when authorized by CSI and such guest is found to meet all above criteria. 4. Copyright Infringement:
(A) The service contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the service copyrighted as a collective work under the United States copyright laws. C.S.I. owns a copyright of the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. No guest may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, or commercial exploitation of download material from the service will be permitted without the express-written permission of C.S. and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Each guest acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material. (B) No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available by the guest on the service without express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the guest. The guest
shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission. (C) Each guest hereby grants to C.S. a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create, derivative works from, distribute, perform and display any message posted in the service (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed. (D) Each guest shall provide C.S. with accurate, complete and updated information as to his or her name and e-mail address provided by guest at registration. (E) No guest may (1) select or use a guest name or e-mail address of another person with the intent to impersonate that person; (2) use a guest name or e-mail address subject to the rights of any person other than the guest without authorization; (3) use a guest name in violation of the intellectual property rights of any person; or (4) use a guest name that C.S., in its sole discretion, deems offensive. (F) The provisions of this agreement are for the benefit of C.S., its affiliates, and third party content providers and licensors, in any, and each shall have the right to assert and enforce such provisions directly on its own behalf. 5. Third Party Content:
The service contains content supplied by parties other than C.S... Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and guests, are those of the respective author(s) or distributor(s) and not of C.S... Neither C.S. nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to section 6 below for the provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the service represents the opinions and judgments of the respective information provider or guest, and not of C.S.. 6. Disclaimer of Warranty; Limitation of Liability:
(A) EACH GUEST EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. NEITHER C.S., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE: NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, [OR MERCHANDISE] PROVIDED THROUGH THE SERVICE. (B) THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 6 APPLY TO ANY DAMAGES OR INJURY CAUSED BY 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH GUEST SPECIFICALLY ACKNOWLEDGES THAT CS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING GUESTS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH GUEST. (D) IN NO EVENT WILL CSI OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY. (E) C.S. NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE ONLINE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE SERVICE BY ANYONE. UNDER NO CIRCUMSTANCES WILL C.S. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A GUEST'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SERVICE.
IT IS THE RESPONSIBILITY OF EACH GUEST TO EVALUATE THE
ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. (F) C.S. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY THIRD PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSCRIPTION BETWEEN ANY GUEST AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH GUEST SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. (G) EACH GUEST SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL C.S.I., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (1) THE USE BY SUCH GUEST OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR
(2) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE. 7. Monitoring:
C.S. shall have the right, but not the obligation, to monitor the content of the service to determine with this agreement and any other operating rules established by C.S.. C.S. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the service. Without limiting the foregoing, C.S. shall have the right to remove any material that C.S., in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right CSI, guests shall remain solely responsible for the content of their messages. Each guest acknowledges and agrees that neither C.S. nor any third party content provider shall assume or have any liability for any action or inaction by C.S. or any third party content provider with respect to any conduct, communication or posting on the service. 8. Indemnification:
Each guest agrees to defend, indemnify and hold harmless C.S., its affiliates and their respectivedirectors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the service by such guest. 9. Termination:
Either C.S. or guest may terminate this agreement at any time. Guest's only right with respect to any dissatisfaction with (1) any terms and conditions of this agreement, (2) any policy or practice of C.S. in operating the service, or (3) any content available through the service or
any change therein, is to terminate this agreement by sending a written notice by e-mail to webmaster@gametrotters.com. Without limiting the foregoing, C.S. shall have all right to immediately terminate this agreement with respect to any guest in the event of any conduct by
guest which C.S., in its sole discretion, considers to be unacceptable, or in the event of any breach by guest of this agreement. The provisions of sections 3,4,5,6,7,8, and this section 9 shall survive termination of this agreement. 10. Trademarks:
Trademarks are registered trademarks of C.S... All rights reserved. All other trademarks appearing on the service are the property of their respective owners, including, in some instances, C.S... 11. Equipment:
Each guest shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the service, and guests shall be responsible for all charges related thereto. 12. Privacy:
See C.S. Privacy Policy 13. Miscellaneous:
This agreement and any operating rules for the service established by C.S. constitute the entire agreement of the parties with respect to the subject matter hereof, and supercede all previous written or oral agreements between the parties with respect to such subject matter. This
agreement shall be construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Catalog Systems Privacy Policy
The Catalog Systems web site is maintained by Catalog Systems ("C.S.") and follows the C.S. Privacy Policy (as detailed below). C.S.'s address is P.O. Box 7062, Moore, Oklahoma 73153. C.S. can also be reached by e-mail at webmaster@gametrotters.com. The C.S. web site does not collect personal information about individuals except when knowingly provided by such individuals (or as otherwise detailed below). Any personal information (i.e., name, street address, e-mail address, etc.) provided by such individuals may
be used in connection with C.S., the C.S. web site and for such other purposes as may be indicated at the point of collection ( or otherwise detailed in the C.S. Privacy Policy). C.S. shall not provide personal information of its guests to third parties except in the event of a breach of
copyright. You should be aware that when you voluntarily disclose personal information (i.e. name, street address, e-mail, etc.) on the C.S. web site such information can be collected and used by others and may result in unsolicited messages. Parents:
Please be sure your children understand the implications of sending any information about themselves over the internet. Kids:
Please be sure to ask your parents permission before sending information about yourself over the internet. |
