Your Acceptance
These "Terms of Use" set forth the terms and conditions that apply to your use and/or visitation of www.freegabmail.com (the "GabMail Site"). By using and/or visiting the GabMail Site (other than to read this page for the first time), you agree to comply BOTH with all of the Terms of Use set forth herein AND the terms and conditions of GabSight, LLC’s Privacy Notice (the “Privacy Notice”) which are published at http://www.freegabmail.com/privacy, and which are incorporated herein by reference. The right to use the GabMail Site is personal to you and is not transferable to any other person or entity.
The GabMail Site
This Terms of Use Agreement (the “Agreement”) enumerates the legally binding terms applying to all users of the GabMail Site, including those who contribute video content, information and other materials or services to the GabMail Site. The GabMail Site may contain links to third party web sites which are neither owned nor controlled by GabSight, LLC. GabSight, LLC has no control over, and assumes no responsibility for, the content, terms of use, privacy policies or practices of any third party web site. By using and/or visiting the GabMail Site, you hereby expressly relieve GabSight, LLC from any and all liability arising from your use of any third party web site. Consequently, GabSight, LLC urges you to recognize when you leave the GabMail Site and to duly read the terms of use and privacy policies of each web site you visit.
Access To The GabMail Site
GabSight, LLC hereby grants you permission to use the GabMail Site as set forth herein the Agreement, provided that your use of the GabMail Site as permitted is solely for your personal use; you will not copy or distribute any part of the GabMail Site in any medium without GabSight, LLC’s prior written consent; you will neither alter nor modify any part of the GabMail Site; and you will otherwise comply with the terms and conditions of the Agreement.
You agree not to use or launch any automated system, including, but not limited to, “robots,” “spiders,” “offline readers,” etc., that accesses the GabMail Site in such a manner that sends more request messages to the GabSight, LLC servers in a given time frame than a human being can reasonably produce in the same time frame using a conventional on-line web browser. The foregoing notwithstanding, GabSight, LLC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GabSight, LLC reserves the right to revoke such permission either generally or case-specifically. You agree not to collect or harvest any personally identifiable information from the GabMail Site, nor to use the communication systems provided by the GabMail Site for any commercial solicitation purposes, nor to solicit, for commercial purposes, any users of the GabMail Site with respect to their User Communications (as defined below).
Intellectual Property Rights
Content on the GabMail Site, except for all User Communications, including, but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, etc., (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to GabSight, LLC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the GabMail Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever absent the prior written permission of the respective owners. GabSight, LLC reserves all rights not expressly granted in and to the GabMail Site and the Content. You agree not to engage in the use, copying or distribution of any of the Content other than as expressly permitted herein, including any use, copying or distribution of User Communications of third parties obtained through the GabMail Site for any commercial purpose. If you download or print a copy of any of the Content for personal use, you must retain all copyright and such other proprietary notices as are contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the GabMail Site or any other features that prevent or restrict use or copying of any of the Content or enforce limitations on use of the GabMail Site or the Content therein.
User Communications
Inasmuch as the GabMail Site is dedicated to the creation, sending, and viewing of video e-mail, it permits the recording and uploading of videos or other communications submitted by you and other users (“User Communications”) and the hosting, sharing and displaying of such User Communications when accessed by users with knowledge of or access to a URL, hyperlink, or embedded player linking to such User Communications.
You shall be solely responsible for your own User Communications and the consequences of posting or sharing them. In connection with User Communications, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize GabSight, LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Communications to enable inclusion and use of the User Communication in the manner contemplated by the GabMail Site and this Agreement. To clarify: you retain all of your ownership rights in your User Communications. However, by submitting the User Communications to GabSight, LLC, you hereby grant GabSight, LLC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, display and perform the User Communications in connection with the GabMail Site and GabSight, LLC’s (and its successor’s) business. You also hereby grant each user of the GabMail Site with knowledge of or access to a URL, hyperlink, or embedded player linking to your User Communication a non-exclusive license to access your User Communication through the GabMail Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Communications as permitted through the functionality of the GabMail Site and under this Agreement.
In connection with User Communications, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GabSight, LLC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage GabSight, LLC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person. GabSight, LLC does not endorse any User Communication or any opinion, recommendation, or advice expressed therein, and GabSight, LLC expressly disclaims any and all liability in connection with User Communications. GabSight, LLC does not permit copyright infringing activities or infringement of intellectual property rights on its GabMail Site, and GabSight, LLC will remove all Content and User Communications if properly notified that such Content or User Communication infringes on another's intellectual property rights. GabSight, LLC reserves the right to remove Content and User Communications without prior notice. GabSight, LLC also reserves the right to decide whether Content or a User Communication is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. GabSight, LLC may remove such User Communications and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Communication or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit GabSight, LLC to locate the material;
(iv) Information reasonably sufficient to permit GabSight, LLC to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GabSight, LLC's designated Copyright Agent to receive notifications of claimed infringement is: GabSight Copyright Agent, 191 E. Main St., Huntington, NY 11743, email: copyright@freegabmail.com, telephone: 631-223-2413, fax: 631-754-8014. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GabSight, LLC customer service through http://www.freegabmailcom/contact. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the GabMail Site, you may be exposed to User Communications from a variety of sources, and that GabSight, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications. You further understand and acknowledge that you may be exposed to User Communications that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GabSight, LLC with respect thereto, and agree to indemnify and hold GabSight, LLC, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. GabSight, LLC permits you to link to materials on the GabMail Site for personal purposes only. In addition, GabSight, LLC provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website. GabSight, LLC reserves the right to discontinue any aspect of the GabMail Site at any time.
YOU AGREE THAT YOUR USE OF THE GABMAIL SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GABSIGHT, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GABSIGHT, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GABMAIL SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GABMAIL SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GABMAIL SITE. GABSIGHT, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GABMAIL SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GABSIGHT, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL GABSIGHT, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GABMAIL SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GABMAIL SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GABMAIL SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GABSIGHT, LLC SHALL NOT BE LIABLE FOR USER COMMUNICATIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The GabMail Site is controlled and offered by GabSight, LLC from its facilities in the United States of America . GabSight, LLC makes no representations that the GabMail Site is appropriate or available for use in other locations. Those who access or use the GabMail Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless GabSight, LLC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the GabMail Site; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including, but not limited to, any copyright, property, or privacy right; or (iv) any claim that one of your User Communications caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the GabMail Site.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the GabMail Site is not intended for children under 13. If you are under 13 years of age, then do not use the GabMail Site. While we believe we have created a uniquely collaborative creative community, legal, ethical and moral considerations demand we tell you to talk to your parents about what sites are appropriate for you.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GabSight, LLC without restriction.
You agree that: (i) the GabMail Site shall be deemed solely based in Delaware ; and (ii) the GabMail Site shall be deemed a passive website that does not give rise to personal jurisdiction over GabSight, LLC, either specific or general, in jurisdictions other than Delaware . These Terms of Service shall be governed by the internal substantive laws of the State of Delaware , without respect to its conflict of laws principles. Any claim or dispute between you and GabSight, LLC that arises in whole or in part from the GabMail Site shall be decided exclusively by a court of competent jurisdiction located in Wilmington , Delaware . These Terms of Service, together with the Privacy Notice at http://www.freegabmail.com/privacy and any other legal notices published by GabSight, LLC on the Website, shall constitute the entire agreement between you and GabSight, LLC concerning the GabMail Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and GabSight, LLC's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. GabSight, LLC reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the GabMail Site following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND GABSIGHT, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GABMAIL SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Revised: April 16, 2007