TERMS

By using Gizmo.NET, (the “Web site”) you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member (“Member”). If you wish to become a Member, communicate with other Members, and make use of the Gizmo.NET service ("Service"), read these Terms of Use and follow the instructions in the Registration process. This Agreement sets out the legally binding terms for your membership and may be modified by Gizmo.NET from time to time. Any modifications shall be effective upon posting by Gizmo.NET on the Web site.

1. Eligibility. THE WEBSITE IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 13 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE WEBSITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 13 YEARS OLD. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the site and have not yet registered to become a member, your use of the Website is still subject to the Terms of Use; if you do not agree to the Terms of Use, do not use the Website.

2. Term. This Agreement will remain in full force and effect while you use the Web site and/or are a Member of Gizmo.NET. You may terminate your membership at any time, for any reason by following the instructions on the Help pages, or upon receipt by Gizmo.NET of your written or email notice of termination. Gizmo.NET may terminate your access to the Web site. Gizmo.NET may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership to Gizmo.NET.

3. Non-Commercial Use by Members. The Gizmo.NET Web Site is for the personal use of individual members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to Gizmo.NET or otherwise. Companies, and/or businesses may not become Members of Gizmo.NET and should not use the Gizmo.NET Service or Web Site for any purpose. Illegal and/or unauthorized uses of the Web Site, including unauthorized framing of or linking to the Web Site will be investigated, and appropriate legal action will be taken.

4. Proprietary Rights in Content on Gizmo.NET. Gizmo.NET owns and retains all proprietary rights in the Web Site and the Service. The Web Site contains the copyrighted material, trademarks, and other proprietary information of Gizmo.NET. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5.Content Posted on the Web Site. You understand and agree that Gizmo.NET may review and delete any content, messages, photos or profiles that in the sole judgment of Gizmo.NET violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members. This includes, but is not limited to, graphic nude images, images considered to be pornographic or extremely offensive, content that is harassing or threatening to others and any content that expressly violates any known copyrights. You are solely responsible for the Content that you publish or display on the Service, or transmit to other Members. By posting Content to any public area of Gizmo.NET, you automatically grant, and you represent and warrant that you have the right to grant, to Gizmo.NET an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. Gizmo.NET reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. You must use the Service in a manner consistent with any and all applicable laws and regulations. Gizmo.NET is not responsible if a Member includes and makes public in their profile any telephone numbers, street addresses, last names, URLs, email addresses or other personal information. Although a Member may include commercial content on their personal profile, a Member may not engage in any commercial advertising to, or solicitation of, other Members to buy or sell any products or services through the Service outside of their own profile, including but not limited to posting comments outside of their own profile, emails, group/forum messages, or responding to other users blogs. Members may not post or transmit through any mechanism on Gizmo.NET, any information deemed harmful to Gizmo.NET, including, but not limited to information promoting, or links to, competing websites. Members may not transmit any chain letters or junk email to other Members. Although Gizmo.NET cannot fully monitor the conduct of its Members on or off the Web Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent either on or off of the Gizmo.NET website. In order to protect our Members from such advertising or solicitation, Gizmo.NET reserves the right to restrict the number of emails which a Member may send to other Members in any 24 hour period to a number which Gizmo.NET deems appropriate in its sole discretion.

6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact Gizmo.NET and provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

7. Member Disputes. You are solely responsible for your interactions with other Gizmo.NET Members. Gizmo.NET reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Privacy. Use of the Gizmo.NET Web site and/or the Gizmo.NET Service is governed by our Privacy Policy.

9. Disclaimers. Gizmo.NET is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Gizmo.NET is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Gizmo.NET assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Gizmo.NET is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Gizmo.NET be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and Gizmo.NET expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Gizmo.NET cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. Gizmo.NET does not guarantee uptime or availability to site, and as such, is not liable any user or users who are not able to access the site for any period of time, whether temporary or permanent.

10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Gizmo.NET be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Gizmo.NET has been advised of the possibility of such damages.
 
11. Disputes. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, County of San Diego.

12. Indemnity. You agree to indemnify and hold Gizmo.NET, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.