Terms of Use
Terms of Use
Children’s Online Privacy Protection Act of 1998
– in order to protect children’s online privacy, we restrict our website to persons eighteen years or older.
YOU MUST BE EIGHTEEN (18) YEARS OLD TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON, DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS WEBSITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
Member Conduct
1. You agree and understand that all content (data, text, graphics, video, sound, photographs, music, and software that you upload, post, email, transmit is your sole responsibility and is not the responsibility of Globebic LLC.
2. You agree to not use Globebic website to upload, e-mail, post, transmit or make available any content (data, text, graphics, video, sound, photographs, music, and software) that:
a. is unlawful, harmful, invasive if another’s privacy, threatening, abusive, obscene, libelous, defamatory, abusive, hateful, torturous, vulgar, objectionable racially sexually or ethnically.
b. infringes any patent, trademark, trade secret, copyright, or other proprietary rights or any party.
c. displays contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
d. is unsolicited or unauthorized advertising, promotional materials, “spam”, “junk mail”, “chain letters” “pyramid schemes, or any form of solicitation
e. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, or hardware or telecommunications equipment.
f. is bulk mailing.
3. You understand that you may be exposed to content that is offensive, rude, objectionable, and possibly indecent. Under no circumstances will Globebic LLC be liable in any way or manner or at any time for any content including errors and omissions, or for any loss or damage as a result of content posted, emailed, transmitted or made available on any portion of this site.
4. You agree not to impersonate any person or entity, including, but not limited to any person affiliated with Globebic, or falsely state your affiliation with a person or an entity.
5. You agree to not disrupt the normal flow of dialogue by causing the screen to scroll fast causing others not to be able to participate or other activities or behaviors that interfere with other users’ ability to engage in real time activities.
6. You agree to not forge headlines to misrepresent or disguise the origin of content you transmit.
7. You agree to not harm minors in any way.
8. You agree to not “stalk” or harass another person.
9. You agree to not interfere with or disrupt this website or its servers.
10. You agree to not intentionally or unintentionally violate any applicable local, state, national, or international law.
11. You agree to not collect or store personal data about other users.
12. You agree to not disseminate any advertisements or promotions of any product, service, website, business, venture, etc, or post any off topic messages on any portion of this website including any forums and chat rooms.
13. You agree to not post private information on other people such as their addresses, phone number, social security number, birth date, credit card numbers, or bank account numbers.
14. Membership is void where prohibited.
Dealings with Advertisers and Consultants
Your correspondence or business dealings with, or participation in promotions of, advertisers and consultants found on or through this service (or website), including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that GLOBEBIC LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or consultants on this website and service.
Links
The service may provide, or third parties may provide, links to other websites or resources. You agree that GLOBEBIC LLC does not have control over or responsibility for such sites and resources. You agree that GLOBEBIC LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Your further acknowledge and agree that GLOBEBIC LLC shall not be responsible or liable, directly or indirectly, for any damage of loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers in protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by GLOBEBIC LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
Indemnity
You agree to indemnify and hold GLOBEBIC LLC and its subsidiaries, affiliates, officers, agents, co-branders or other partners, licensors, successors, and assigns harmless from any claims, liabilities, demands, expenses, including reasonable attorneys’ fees, made by any third party due to or arising our of content you submit, post, transmit or otherwise make available through the service, your use of the service, your connection to the service, your violation of the Terms of Use, or your violation of any rights of another. You also agree to indemnify and hold GLOBEBIC LLC and its subsidiaries, affiliates, officers, agents, co-branders or other partners, licensors, successors, and assigns harmless from all liabilities, claims, demands, and expenses, including reasonable attorneys’ fees, that are due to, or that arise from your use or misuse of the Site or for infringement by you of intellectual property rights or other rights of any third party. We may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
Termination of Membership
You agree that GLOBEBIC LLC may, under certain circumstances and without prior notice, immediately terminate your GLOBEBIC account, any associated e-mail address, and your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches of violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service, discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g)engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your GLOBEBIC account includes (a) removal of your access to all offerings within the Service available at the time of your termination, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further you agree that all terminations for cause shall be made at GLOBEBIC LLC’s sole discretion and that GLOBEBIC LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Copyright Infringement Notices
GLOBEBIC LLC respects the intellectual property of others.
You acknowledge that GLOBEBIC LLC is not responsible for content placed on this website by third parties and does not pre-approve or check content that is placed on this website in the chat room, forum, or in an article or other written item by a third party. The author of the content is solely responsible for what he/she has submitted.
If you are aware of any content that has infringed a copyright, please contact us. We will respond to notices of infringement on any applicable intellectual property laws including the Digital Millenium Copyright Act of 1998. Our response can include removing or disabling access to any material that is claimed to be part of an infringing activity.
To file an Infringement Notice you must provide us with the following information in the form of a written communication by FAX or regular mail (not e-mail) and signed by you.
For each suspected infringement:
1. Identify in writing to us the specific location in detail of the copyrighted work that you suspect has been infringed. Please include, if available, the copyrighted work, author’s name, address, and phone number in addition to the actual detailed location of the copyrighted material. Example: Book Title page XX. Paragraph 3.
2. Identify the location and the content in detail on the GLOBEBIC LLC website that you claim is infringing the copyrighted work listed in #1 above.
3. Provide your full name, physical mailing address, phone number and e-mail address so we may contact you for additional information or clarification.
4. If you are not the copyright owner please include the following statement and sign it.
In good faith, I sincerely believe that use of the content listed in the infringing notice above has not been authorized by the owner of the copyrighted material or his agent or any applicable law.
5. If you are the copyright owner, please include the following statement and sign it.
I swear, under penalty of perjury that I am the copyright owner or the owner’s agent and am authorized to act in behalf of the owner and that the information listed above in this copyright infringement notice is accurate.
6. Send the signed infringement notice with all of the information listed above to:
Lois Moncrief
Globebic LLC
2422 12th Ave Road #380
Nampa, ID 83686
Spam and Acceptable Use
While we encourage you to refer other managers to use this website, you may do so only through methods that are consistent with the terms and conditions of your own Internet Service Provider as well as prevailing standards of acceptable Internet use and behavior. GLOBEBIC provides an e-mail form for you to invite a manager to look at our website. If you chose to use this e-mail form, you are cautioned to obey all Spam Laws and only send to those you believe would want to receive the e-mail. At any rate, you accept full responsibility for sending the e-mail and hold GLOBEBIC blameless for any violation of Spam Laws.
Liability Limitations
You expressly understand and agree that GLOBEBIC LLC shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss or profits, goodwill, use, data or other intangible losses (even if GLOBEBIC LLC has been advised of he possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
All pages and posts on this website are provided for informational purposes only. No content on this website or affiliated with this website is intended for decision making. No content on this website is intended to provide advice for trading or investing purposes. GLOBEBIC LLC shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
Entire Agreement
The Terms of Use constitutes the entire agreement between you and GLOBEBIC LLC and governs your use of the Service. GLOBEBIC LLC reserves the right to modify and add to the Terms of Use as it deems necessary. It is your responsibility to keep yourself informed of any changes.
Waiver and Severability of Terms
The failure of GLOBEBIC LLC to exercise or enforce any right or provision pf the Terms of Use does not constitute a waiver of such right or provision. If any provision of this Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extend necessary to make it enforceable and/or the court should endeavor to give effect to the parties’ intentions as reflected in the provision. That decision of unenforceability in that one incidence will not affect the enforceability of such provision under other circumstances. All other provisions of the Terms of Use will remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your GLOBEBIC account is non-transferable and any rights to your GLOBEBIC ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Jurisdiction
Even though this website may be used internationally, this Agreement is governed by the laws of the State of Idaho, without regard to conflicts of law provisions, and you hereby consent to exclusive jurisdiction of the state and federal courts sitting in Boise, Idaho, USA. You hereby consent to the exclusive personal jurisdiction of the courts of Boise, Idaho, USA for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. You further agree that no claim under these Terms of Use shall be joined by any other claim and that no class claims shall be permitted.
