Last updated: November 2009
These terms apply to govine.com, a website ("Site").
Thank you for your interest in govine.com. Be aware that by accessing the govine.com website, you are agreeing to abide by the Terms of Service ("Terms") set forth here. If you do not agree to these Terms, you should not use the site. Govine.com reserves the right to change these Terms at any time without explicit notice, including the right to limit transmissions and/or storage, or charge for use. Thus, we recommend that you check the Terms periodically.
Govine.com grants you a limited license to use its Site in accordance with these Terms. We reserve the right to terminate your account at any time and for any reason, without prior notice to you. By using the govine.com Site, you acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Site, including your account details, or any other content that is contained in your account.
You are solely responsible for your use of the Site, and by accessing the Site, you understand and agree that you use the Site at your own risk.
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which govine.com may suffer) of any such breach.
You retain copyright and any other rights you already hold in any content which you submit, post or display on or through the Site ("Content"). By submitting, posting or displaying Content, you give GoVine a license to display the Content on or through the Site. You agree that this license includes a right for govine.com to make such Content available to other companies, organizations or individuals with whom govine.com has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand and agree that govine.com, in performing the required technical steps to provide services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media.
It is govine.com's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
You acknowledge and agree that govine.com owns all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site. Unless you have agreed otherwise in writing with govine.com, nothing in the Terms gives you a right to use any of govine.com's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so, in writing, by govine.com.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" IN PARTICULAR, GOVINE.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOVINE.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
GOVINE.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOVINE.COM AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY CHANGES WHICH GOVINE.COM MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
YOUR FAILURE TO PROVIDE GOVINE.COM WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON GOVINE.COM'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT GOVINE.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Govine.com may make changes to these Terms at any time. When these changes are made, govine.com will make a new copy of the Terms available at http://www.govine.com/terms. You understand and agree that if you use the Site after the date on which the Terms have changed, you are acknowledging and agreeing to the updated Terms.
These Terms constitute a legal agreement between you and govine.com and govern your use of the Site. Sometimes when you use the Site, you may use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
You agree that govine.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site. You agree that if govine.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which govine.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of govine.com's rights and that those rights or remedies will still be available to govine.com. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.