Welcome to GhostReport.com (the "Site"), a web site. This document explains the terms and conditions for using our Site (the "Agreement"). By using our Site, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Site.
YOUR ACCOUNT & PASSWORD
If you register an account, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete. A user name and password will be assigned by us or chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to change your password promptly and notify us if you believe your account is being accessed by others. Each user must register separately. You may not loan your user name and password to others.
USING OUR CONTENT & SITE
Our Proprietary Rights. Our Site may contain an assortment of information, data, software, images, video clips, music, audio clips, photographs, stories, links, logos and other material ("Content") that are the copyright, trademark or other intellectual property of the owners of this Site or third party suppliers. The Content in this Site is copyrighted individually and as a collective work. All rights are reserved. The name "GhostReport.com" and other names appearing herein are the trademarks or registered trademarks of the Site or the respective third party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive.
Linking to Our Site. You may not display our Content within a frame or border, or "deep link" or harvest Content located below our top-most URL. You will not link to our Site or Content in a manner that suggests an endorsement or affiliation between our sites. You will remove any link to our Site that we find objectionable promptly upon request.
Our Downloadable Software & Digital Products. Our Site offers users the ability to download software and other digital products. Your use of any such products and related documentation, if any, that you download from the Site will be governed by any end-user license agreement (EULA) accompanying such materials. In the absence of any such EULA, then upon payment of any applicable fees, you are granted a personal, revocable, non-transferable license to install and use the products on a single computer in support of your own personal or internal business processes; provided, however, that any products designated in the documentation as a "web site component" may be incorporated as an integral feature of your web site and made available online (so long as no separate charge is made for use of such component). You may not otherwise transmit, distribute or otherwise make the Software available to others. As part of the download process, we may interrogate your computer solely to determine the products and versions already installed and for no other purpose. Except as stated in an EULA, Software is provided "AS-IS" and "AS AVAILABLE".
Reservation of Rights. All content, communications, software applications, digital products, updates and features of this Site are copyrighted by the Site, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Site and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Site. You may not reverse engineer our Site or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief.
YOUR CONTENT & SUBMISSIONS
Your Public Messages. Our Site includes certain interactive features that allow users to post, transmit and receive messages or content on discussion forums, weblogs, newsgroups, chat areas, calendars or other online channels ("Communications"). We do not prescreen or editorially control Communications on our Site. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Site or to any person.
Permission to Publish. Our Site does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Site (and any affiliates and sublicensees) the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Site and to make such incidental and additional uses as may be needed to operate the Site and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the "thread" or compilation of Communications on the Site generally, including your own Communications.
Data Management & Disclosure. We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Site at any time. You are responsible for making back-up copies of any files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Site. We do not claim any ownership rights in the contents under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Site, (c) to enforce this Agreement, or (d) to protect the interests of any other user.
Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Site. You will not use the Site to violate any applicable law, including U.S. or foreign securities laws or regulations. In order to protect itself, the Site may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Site or to use a competitor's service.
Anti-Spam Restriction. You will not use our Site to make any Communications which are unsolicited bulk advertising or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Site. You may not harvest email addresses or instant messaging identifiers. Because the damage incurred by us in connection with spam campaigns may be difficult to ascertain, you agree to pay liquidated damages of $3 per individual recipient of spam messages transmitted under your account if you knowingly cause spam to be sent.
Content on our Site and Forum. Our Site includes material that potentially may be upsetting, shocking, offensive, and distressing. By using Our Site, you agree to hold us harmless from any effects or reactions to such materials. You agree that this includes but is not limited to profanity, shocking images and sounds, images of death, and racist or vulgar language. If such material is objectionable to you, do not use Our Site.
CONTACT WITH THIRD PARTY LOCATIONS OR INDIVIDUALS
Our Site features detailed descriptions of places and people, including maps and locations. This information is provided for entertainment purposes only. WE DO NOT ENDORSE CONTACT WITH ANY THIRD PARTY LOCATIONS OR INDIVIDUALS DESCRIBED ON OUR SITE OR FORUM. Any contact you persist in making with third party locations or individuals is your sole responsibility. You agree to defend, indemnify and hold harmless the Site and its officers, directors, owners, agents, employees, advisers and consultants, from and against any and all effects arising out of contact with such third party locations and individuals.
THIRD PARTY LINKS AND ADVERTISERS
Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Site or through private-branded areas that are controlled by third party providers. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a republisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
We follow technical and management practices that we believe are reasonable under the circumstances to protect the confidentiality, security and integrity of information stored on our system, but we do not operate a completely secure Site. For example, we generally do not use secure pages to collect information and we generally do not store data in encrypted form.
WARRANTIES & LIABILITIES
Warranty Disclaimer. THIS SITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SITE. THE SITE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
Limitation of Liability. IN NO EVENT IS THE SITE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
Indemnification. You agree to defend, indemnify and hold harmless the Site and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Site, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.
Limitation of Remedies. You agree that if the Site breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Site. This applies regardless of whether the remedy fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
The Site is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
NO OUTSIDE CONTACTS
Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Site operates solely in Florida (our "Locality"). You are using the Internet as your own agent to access and use our Site from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Site occur solely in our Locality. Our Site does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your from further mischief.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF FLORIDA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED STATE/LOCALE AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).
TECHNOLOGY & DATA TRANSFER
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Site that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.
European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Site is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Site.
RELATIONSHIP OF PARTIES
There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Site is not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.
RIGHT TO RELY ON INSTRUCTIONS
The Site may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Site's automated criteria or which is believed by the Site's personnel to be genuine. For any password protected areas, the Site may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Site may assume the latest email addresses and registration information on file with the Site are accurate and current. When programmed to do so, the Site may take prescribed actions in the absence of receiving proper and complete contrary instructions.
CHANGES TO SITE
We reserve the right to modify, change or discontinue the Site or any feature at any time without notice. You agree that the Site is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Site can be improved. If you make a suggestion, you authorize us to use the idea and implement it as we see fit. We do not pay compensation for using submissions.
Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Site, or any feature of this Site, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Site. Your continued use of this Site after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of conduct or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.