TERMS OF USE

Last Updated: July 19, 2020

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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING, UTILIZING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE GMSTEK LLC (“GMSTEK”) WEBSITE. BY USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE GMSTEK WEBSITE.  BY USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE GMSTEK WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE, REGISTER FOR, OR SUBMIT CONTENT TO THIS WEBSITE.

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1. General.
This Agreement is between GMSTEK and any affiliated companies (collectively "GMSTEK") and you. GMSTEK has the right at any time to change or discontinue any of the content or services, such as Community and Chat, on the website or any aspect or feature of the website. GMSTEK has the right to terminate and/or suspend your ability to access the website or any portion thereof, for any or no reason, without notice (except as and when required by law or as stated in these Terms of Use).

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2. Privacy Policy.
By using any of the Services, you are agreeing to the terms of GMSTEK's privacy policy (located at https://www.x1fbo.com/privacypolicy) and the collection, use and sharing of information, including without limitation your personal information, described therein.

 

3. Registration.
Some of the Services may provide you with the opportunity to register by creating a user account in order to enable certain features or receive certain information. GMSTEK will use the information you provide in accordance with GMSTEK's Privacy Policy. By registering, you represent and warrant that all information that you choose to provide is current, complete and accurate. You agree to maintain and promptly update such information as necessary, so that it remains current, complete and accurate. If the registration process requires you to create and use log-in credentials such as an email address or user name along with a password, you acknowledge and agree that GMSTEK may rely on the subsequent use of your log-in credentials to provide access to your account and the information you have provided. You are responsible for all use of your account, regardless of whether you authorized such access or use, and for ensuring that all use of your account complies fully with these Terms of Use.

 

4. Equipment.
You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.

 

5. Restrictions on Use.

A. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material 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 or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. You shall not post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services. You shall not use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services. Any conduct by you that in GMSTEK's discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.

 

B. The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, animation, text, software, images, video, graphics, music and sound, and the rights to the contents of the Services under the United States copyright laws and other laws are owned or controlled by GMSTEK. While you may access, view, use and display the Services for your personal use, you may not modify, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the content will be permitted without the express written permission of GMSTEK and any relevant third party copyrights owners. 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 and no ownership rights shall be transferred.

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C. The foregoing provisions of Paragraph 5 are for the benefit of GMSTEK, its subsidiaries, affiliates and its third party providers, contractors, advertisers, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

6. Submissions.

A. By submitting material to GMSTEK or the Services, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you automatically grant, or warrant that the owner of such material has expressly granted, to GMSTEK, its subsidiaries, its affiliates, its contractors, and its licensees, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media or technology now known or hereafter devised; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by GMSTEK and other authorized parties; and you understand and agree that GMSTEK shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall they be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials.

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B. GMSTEK shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. GMSTEK does not have an obligation to review posted material on the Services, and GMSTEK cannot assure that the material will either be appropriate or appropriately expressed. While GMSTEK may review submissions, GMSTEK does not assume responsibility for the contents of any submission. GMSTEK may choose not to publish all or any material submitted to the Services at its sole discretion, and such choices cannot be disputed. Without limiting the foregoing, GMSTEK shall have the right to remove any material that GMSTEK, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. GMSTEK reserves the right to alter content as appropriate for the medium.

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C. You shall not e-mail, upload, post or otherwise make available on the Services any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.

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D. Subject to GMSTEK's policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other material submitted by you will be treated as non-confidential and non-proprietary.

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E. If you submit any content to GMSTEK, you will be deemed to have made the following representations and warranties, upon which GMSTEK will have the right to rely:

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i. GMSTEK's exercise of the rights granted to GMSTEK by you under Paragraph 6. A. will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world;

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ii. You hereby grant any other user of the site the right to access, view, store or reproduce the content for that user's personal use;

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iii. You waive your rights to attribution, integrity, or any other moral right in the content in connection with its use by GMSTEK;

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iv. You agree to allow use of your name, user name (if applicable), city and state in publicity or advertising without compensation; and

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v. You understand and agree that GMSTEK shall have no obligation to copy, publish, display or otherwise exploit the content, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the content by others.

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vi. You have obtained any and all necessary rights and where required, written releases, from any and all recognizable persons appearing in the content, and from any and all persons who provided art work or any other material appearing in the content;

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vii. You have the sole and exclusive right to grant such rights to GMSTEK;

 

7. Disclaimer of Warranty; Limitation of Liability.

A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER GMSTEK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, COVERED PARTIES) WARRANT THAT ACCESS TO THE WEBSTE WILL BE UNINTERRUPTED..

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B. THE SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE 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 APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.

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C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, 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 THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT GMSTEK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.

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D. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL GMSTEK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED $10,000.

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E. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF PARAGRAPH 8 MAY NOT APPLY TO YOU.

 

8. Indemnification.
You agree to defend, indemnify and hold harmless GMSTEK and its suppliers, advertisers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of this agreement. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.

 

9. Trademarks.
GMSTEK, and X-1FBO and each of their logos are trademarks of GMSTEK LLC. All rights reserved. All other trademarks appearing on the Services are the property of GMSTEK or their respective owners.

 

10. Viruses.
GMSTEK also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.

 

11. Export Control.
Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. GMSTEK does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.

 

12. Business Associates.
Any business associates of GMSTEK that may be identified on the website are independent contractors of GMSTEK. The business associates are not joint venturers or partners of GMSTEK. No employee or representative of the business associates is under the control of GMSTEK.

 

13. Links.
The website may incorporate links to other websites. GMSTEK does not in any way endorse, nor is it responsible for, the content on those other websites.

 

14. Copyrights and Copyright Agent. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide GMSTEK the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):

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A. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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B. Identification of the copyright 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;

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C. 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 GMSTEK to locate the material;

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D. Information reasonably sufficient to permit GMSTEK to contact you;

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E. 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

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F. 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.

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To report other alleged violations of rights (including alleged copyright violations under the laws of countries other than the United States), or for all other enquiries, complaints and questions related to the Services, please contact support@x1fbo.com.

 

15. Changed Terms

GMSTEK has the right at any time to change or modify the terms and conditions applicable to use of the website, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective (i) immediately upon notice thereof, which may be given by any means including, without limitation, posting on the website, or by electronic or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the website. Any use of the website by you, including without limitation, your continued submission of content to the website, after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions. If any modification to these Terms of Use is unacceptable to you, you may immediately terminate your use of the website.

 

16. Miscellaneous

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede 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 Florida without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the State or Federal Courts of Dade County in the State of Florida, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it. No waiver by GMSTEK of any breach or default hereunder shall be deemed to be a 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.

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Contact information for the Web editor of our websites:

GMSTEK LLC
18001 Old Cutler Road, Suite 472
Palmetto Bay, FL 33157
U.S.A.
Attn: Web Editor
Email: support@x1fbo.com

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