WOWGURU

Getpastit.com GENERAL TERMS OF USE

Important: Your access to this website is subject to the following terms and conditions. Carefully read these terms and conditions before proceeding. You are authorized and permitted to proceed only if you agree to be bound by these terms and conditions.

This Getpastit.com General Terms of Use (“the Usage Agreement”) is a legally binding agreement between you and Brian Thomas Helland, the host of Getpastit.com. This Usage Agreement describes the terms and conditions applicable to your use of the various services and features available under the domain and sub-domains of Brian Thomas Helland (“the Site”). Your use of the Site constitutes your contractually binding acceptance of this Usage Agreement, including any subsequent modifications thereof. If you do not agree to be bound by the terms and conditions of this Usage Agreement, are under the age of majority in your jurisdiction of residence, or cannot form legally binding contracts, you are not authorized to access the Site or its services.

This Usage Agreement also incorporates by reference the terms and conditions of the Getpastit.com Terms of Use for Uploading Content, and all other notices designated “Legal Notices” on this Site. Any rights not expressly granted by this Agreement are reserved by Brian Thomas Helland. This Agreement is subject to change without notice.

Disclaimers and Limitation of Liability

Brian Thomas Helland, its affiliates, directors, officers, employees and agents (collectively, “Brian Thomas Helland”) do not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including, without limitation, warranties as to accuracy, completeness, legality, reliability, uninterrupted or error-free transactions, privacy, security, merchantability, quality, title, non-infringement, or fitness for a particular purpose, with respect to any information, material, data, text, discussion forums, forum content, software, programs, computer scripts, or any other content appearing on this Site (collectively, “the Content”), all of which are hereby disclaimed by Brian Thomas Helland to the fullest extent permitted by law. The Content is provided for education and informational purposes only on an ‘as is’ and ‘as available’ basis. There are no representations, warranties or conditions created by any course of dealing, course of performance or trade usage. The Content may not be accurate, up to date, complete or un-tampered, and is to be relied upon solely at your own risk. Brian Thomas Helland assumes no obligation to update the Content. The Content may be modified or removed without notice to you. Accessing the Content from territories where it may be illegal is prohibited.

In no event shall Brian Thomas Helland be held liable to you for damages or losses, including, but not limited to, economic, special, indirect, incidental or consequential damages or losses, or exemplary or punitive damages, resulting from, or arising under, any cause in connection with your use or misuse of, or reliance upon, the Site or its Content whatsoever (including, without limitation, breach of contract, negligence, gross negligence or otherwise), viruses, data corruption, failed messages, damages arising as a result of transmission errors or problems, telecommunications service providers, Brian Thomas Helland’s contractors, third-party suppliers of products or services, or any other events beyond the reasonable control of Brian Thomas Helland.

No Liability for Third-Party Content

By providing links to other sites, or to software programs written, developed and/or distributed by third-parties, Brian Thomas Helland is in no way acting as a publisher or disseminator of the material contained on those other sites, or in those programs, and does not seek to monitor or control such sites or programs. Such links should not be construed to mean that the Brian Thomas Helland is affiliated or associated with same. Brian Thomas Helland does not recommend or endorse any of the Content, including, without limitation, any hyperlinks to, or content found, on other web sites. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service, or any warranties thereon.

Discussion Forums

The Site provides discussion boards and other similar forms of communication (collectively, “the Forum”). The Forum is a public venue. Any information, data, text, or other material submitted using the Forum is the sole responsibility of the submitter. You understand that Brian Thomas Helland does not prescreen or otherwise control the Forum content, and that Brian Thomas Helland therefore cannot, and does not, guarantee the integrity, accuracy or quality of the Forum content. When using the Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained on the Forum may not be reliable. Under no circumstances shall Brian Thomas Helland be held liable in any way for any forum content, including, but not limited to, any errors or omission in any Forum content, or any damages or losses incurred as a result of said content.

Indemnity

You agree at all times to indemnify, defend and hold harmless Brian Thomas Helland, its agents, suppliers, affiliates and their respective directors, officers and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees) sustained, incurred or paid by Brian Thomas Helland directly or indirectly resulting from:

1. any information or other content you provide on or through the Site or by e-mail or other correspondence; or

2. your use or misuse of the Content or the Site, including, but not limited to, patent, trademark, copyright, trade secret or other intellectual property infringement claims.

Ownership and Copyright

You acknowledge that any and all information, content, comments, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade names contained on the Site, including the manner in which the Content is presented or appears, and all information relating thereto, are the property of their respective owners as indicated, Brian Thomas Helland or its licensors, as the case may be. You agree that the Content and the selection, arrangement, architecture and enhancement of the Content and other Site features are protected by United States and international intellectual property rights, including copyrights, trademarks and other proprietary rights. These rights are valid and protected in all media existing now or later developed, and all use of the Content shall be in accordance with such rights and the terms of this Usage Agreement.

Restrictions on Use

You agree that you will not:

1. distribute the Content for any purpose, including without limitation, compiling an internal database, redistributing or reproducing the Content by press or media, or through any commercial network, cable or satellite system; or

2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, whether physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Brian Thomas Helland or its licensors or allow any third-party to access the Content in violation of this Usage Agreement.

Entire Agreement

The terms and conditions set forth herein and in the Upload Agreement, as they may be amended from time to time, along with all other notices designated “Legal Notice” on the Site, constitute the entire agreement between you and Brian Thomas Helland. There are no terms, conditions or limitations upon this Agreement which have not been set forth herein.

Amendment and Waivers

Brian Thomas Helland reserves the right, in its sole and unfettered discretion, to change, supplement or amend this Usage Agreement at any time by posting amendments on the Site. Such changes, supplements and amendments may be made at any time without notice or liability to you. You are responsible for periodically reviewing the amendments on the Site, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using the Site. Use of the Site or access to its Content after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Usage Agreement and no waiver of any provision of this Agreement shall be binding on Brian Thomas Helland unless agreed upon in writing by Brian Thomas Helland. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision (whether similar or not), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

Headers and Titles

The division of this Usage Agreement into sections and the insertion of headings are for convenience of reference only, and shall not affect the construction or interpretation of this Usage Agreement. Words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

Severability

If any provision of this Usage Agreement is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Application of California Law

You hereby consent and submit to the exclusive jurisdiction of the courts of the State of California, United States of America, in any action or proceeding related to the Site or its Content, and agree not to commence any such action or proceeding except in the State of California. The laws of the State of California and the laws of the United States of America applicable therein shall govern use of the Site and the interpretation, validity and effect of this Usage Agreement, and shall be treated in all respects as a California contract, notwithstanding any conflict of laws, provisions or your domicile, residence or physical location.

Notices and Contact Information

If you have any questions, concerns or complaints with respect to the Site or its Content, you may contact us via our contact page at http://www.getpastit.com/forum/sendmessage.php .

Getpastit.com TERMS OF USE FOR UPLOADING CONTENT

Important: Your upload of content to this website is subject to the following terms and conditions. Carefully read these terms and conditions before proceeding. You are authorized and permitted to proceed only if you agree to be bound by these terms and conditions.

This Getpastit.com Terms of Use for Uploading Content (“the Upload Agreement”) is a legally binding agreement between you and Brian Thomas Helland, host of Getpastit.com. This Upload Agreement describes the terms and conditions applicable to any content uploaded upload by you to the domain and sub-domains of Getpastit.com (“the Site”). Your upload of content to the Site constitutes your contractually binding acceptance of this Upload Agreement, including any subsequent modifications thereof. If you do not agree to be bound by the terms and conditions of this Upload Agreement, or if you are under the age of 18, do not upload any content to this Site.

This Upload Agreement also incorporates by reference the terms and conditions of the Getpastit.com General Terms of Use, and all other notices designated “Legal Notices” on this Site. Any rights not expressly granted by this Agreement are reserved by Brian Thomas Helland. This Agreement is subject to change without notice.

User Responsibility for Uploaded Content

All information, data, text or other materials submitted by you to the Site is your sole responsibility. You agree that you shall be wholly responsible and liable for all content that you make available upon this Site.

Limitations and Prohibitions Upon Content

You shall not upload, post, transmit or otherwise make available through the Site any content which:

1. is not authored by you;

2. violates or infringes the rights of others (including their privacy, patent, trademark, copyright, trade secrets, or other intellectual property rights);

3. is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person, race, ethnicity or gender;

4. encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

5. restricts or inhibits any other user from using or enjoying the site;

6. affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer system; or

7. breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require Brian Thomas Helland to take remedial action under any applicable law, statute or industry code.

Brian Thomas Helland shall remove any content uploaded by you, with or without notice to you, which violates any one or more of these limitations and prohibitions.

Accurate Registration Data for Content Upload

In consideration of the privilege of uploading content to the Site, you agree to do all of the following:

1. provide true, accurate and complete information about yourself, as requested by the Site’s registration forms; and

2. maintain and promptly update the registration data to keep it true, accurate and complete.

If you provide any information that is false, inaccurate, incomplete or outdated, or Brian Thomas Helland has reasonable grounds to suspect that your information is such, Brian Thomas Helland reserves the right, at its sole and unfettered discretion, to suspend or terminate your account, move or remove any content posted by you, and/or refuse any and all current or future usage of the Site by you.

Data Collection and Privacy

Brian Thomas Helland collects the following information for each upload: your account name; the date and time of the upload; the IP address of your computer; and any other personally identifiable information concerning you or your usage of the Site. Such information may be stored indefinitely by Brian Thomas Helland. If required by law, Brian Thomas Helland may disclose this information to interested third-parties, including, but not limited to, federal or state courts, law enforcement officials, or owners, representatives or assignees whose intellectual property rights are infringed by the uploaded content. You agree that Brian Thomas Helland shall not be held liable for such disclosure.

License to Use Your Content

With the exception of personal information, you hereby grant to Brian Thomas Helland an unlimited, royalty-free, world-wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, or otherwise use, and to authorize such acts, any information or other content you provide on or through the Site or which is sent to [insert Brian Thomas Helland by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, techniques or any intellectual property contained therein, for any purpose whatsoever. Brian Thomas Helland shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by Brian Thomas Helland in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

Removal of Content at Brian Thomas Helland’s Discretion

Brian Thomas Helland also reserves the right, at its sole and unfettered discretion, to move or remove any content uploaded by you, with or without notice to you, for any reason whatsoever.