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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to GorillaExchange. GorillaExchange provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. In addition, when using particular
GorillaExchange owned or operated services, you and GorillaExchange shall be
subject to any posted guidelines or rules applicable to such services which may
be posted from time to time. All such guidelines or rules (including but not
limited to our Spam Policy) are hereby incorporated by reference into the TOS.
GorillaExchange may also offer other services that are governed by different
Terms of Service. For instance, different terms apply to homesteaders on
GorillaExchange Show Biz or GorillaExchange Stores.
2. DESCRIPTION OF SERVICE
GorillaExchange provides users with access to a rich collection of resources,
including various communications tools, forums, shopping services, search
services, personalized content and branded programming through its network of
properties which may be accessed through various mediums or devices now known or
hereafter developed (the "Service"). You also understand and agree that the
Service may include advertisements and that these advertisements are necessary
for GorillaExchange to provide the Service. You also understand and agree that
the Service may include certain communications from GorillaExchange, such as
service announcements, administrative messages and the GorillaExchange
Newsletter, and that these communications are considered part of GorillaExchange
membership and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new GorillaExchange properties, shall
be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that GorillaExchange assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to the
Service and that access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements. In
addition, you must provide and are responsible for all equipment necessary to
access the Service.
Please be aware that GorillaExchange has created certain areas on the Service
that contain adult or mature content. You must be at least 18 years of age to
access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or GorillaExchange has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, GorillaExchange has the right to
suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof). GorillaExchange is concerned about the
safety and privacy of all its users, particularly children. For this reason,
parents of children under the age of 13 who wish to allow their children access
to the Service must create a GorillaExchange Family Account. When you create a
GorillaExchange Family Account and add your child to the account, you certify
that you are at least 18 years old and that you are the legal guardian of the
child/children listed on the GorillaExchange Family Account. By adding a child
to your GorillaExchange Family Account, you also give your child permission to
access all of the Services including, email, message boards, instant messages
and chat (among others). Please remember that the Service is designed to appeal
to a broad audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Services and/or Content (as
defined in Section 6 below) are appropriate for your child.
4. GORILLAEXCHANGE PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify GorillaExchange of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. GorillaExchange cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
GorillaExchange, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. GorillaExchange
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will GorillaExchange be liable
in any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
GorillaExchange official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose
h. upload, post, email, transmit or otherwise make available any material that
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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
m. "stalk" or otherwise harass another; or
n. collect or store personal data about other users.
You acknowledge that GorillaExchange may or may not pre-screen Content, but that
GorillaExchange and its designees shall have the right (but not the obligation)
in their sole discretion to pre-screen, refuse, or move any Content that is
available via the Service. Without limiting the foregoing, GorillaExchange and
its designees shall have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by GorillaExchange or
submitted to Yahoo, including without limitation information in GorillaExchange
Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that GorillaExchange may access, preserve,
and disclose your account information and Content if required to do so by law or
in a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of GorillaExchange, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
use of these materials is subject to usage rules set by GorillaExchange and/or
content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
GorillaExchange does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant GorillaExchange the following world-wide, royalty free and non-exclusive
license(s), as applicable:
• With respect to Content you submit or make available for inclusion on publicly
accessible areas of GorillaExchange Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purposes of providing and promoting the specific
GorillaExchange Group to which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove or
GorillaExchange removes such Content from the Service.
• With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than
GorillaExchange Groups, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service solely
for the purpose for which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove or GorillaExchange
removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service
other than GorillaExchange Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
"Publicly accessible" areas of the Service are those areas of the
GorillaExchange network of properties that are intended by GorillaExchange to be
available to the general public. By way of example, publicly accessible areas of
the Service would include GorillaExchange Message Boards and portions of
GorillaExchange Groups, Photos and Briefcase that are open to both members and
visitors. However, publicly accessible areas of the Service would not include
portions of GorillaExchange Groups that are limited to members, GorillaExchange
services intended for private communication such as GorillaExchange Mail or
GorillaExchange Messenger, or areas off of the GorillaExchange network of
properties such as portions of World Wide Web sites that are accessible through
via hypertext or other links but are not hosted or served by GorillaExchange.
9. INDEMNITY
You agree to indemnify and hold GorillaExchange, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your
GorillaExchange I.D.), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GorillaExchange may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on GorillaExchange's servers on
your behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree that
GorillaExchange has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that GorillaExchange reserves the
right to log off accounts that are inactive for an extended period of time. You
further acknowledge that GorillaExchange reserves the right to modify these
general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
GorillaExchange reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that GorillaExchange shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
13. TERMINATION
You agree that GorillaExchange may, under certain circumstances and without
prior notice, immediately terminate your GorillaExchange account, any associated
email address, and access to the Service. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, and (f)
extended periods of inactivity. Termination of your GorillaExchange account
includes (a) removal of access to all offerings within the Service, including
but not limited to GorillaExchange Mail, Groups, Messenger, Chat, Domains,
Personals, Auctions, Message Boards, Greetings, Alerts and Games, (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 further use of the
Service. Further, you agree that all terminations for cause shall be made in
GorillaExchange's sole discretion and that GorillaExchange 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.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, 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 GorillaExchange 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 on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because GorillaExchange has no control over such sites
and resources, you acknowledge and agree that GorillaExchange 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. You further
acknowledge and agree that GorillaExchange shall not be responsible or liable,
directly or indirectly, for any damage or 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.
16. GORILLAEXCHANGE'S 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
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
GorillaExchange or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
GorillaExchange grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by GorillaExchange for
use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. GORILLAEXCHANGE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
GORILLAEXCHANGE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GORILLAEXCHANGE SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE
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.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. GorillaExchange and its licensors
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 made based on
such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
22. NOTICE
GorillaExchange may provide you with notices, including those regarding changes
to the TOS, by either email, regular mail, or postings on the Service.
23. TRADEMARK INFORMATION
The GORILLAEXCHANGE NAME, JUNGLE STORES NAME , ONLINE JUNGLE COMMUNITY NAME,
WHAT HAPPENS IN THE JUNGLE STAYS IN THE JUNGLE SLOGAN, GORILLAEXCHANGE LOGO,
JUNGLE BROWSE NAME, JUNGLE CHAT NAME, GORILLA SNAPS NAME, GORILLA CLIPS NAME,
JUNGLE CLASSIFIEDS NAME, JUNGLE EVENTS NAMES, TRADE MARKS, PENDING TRADE MARKS
AND SERVICE MARKS AND OTHER GORILLAEXCHANGE LOGOS AND PRODUCTS and service names
are PEMDING OR TRADEMARKS of GORILLAEXCHANGE.COM. (the "GorillaExchange Marks").
Without GorillaExchange's prior permission, you agree not to display or use in
any manner, the GorillaExchange Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
GorillaExchange respects the intellectual property of others, and we ask our
users to do the same. GorillaExchange may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide GorillaExchange's Copyright Agent the
following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the site;
4. your address, telephone number, and email address;
5. a 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;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
25. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and
GorillaExchange and govern your use of the Service, superceding any prior
agreements between you and GorillaExchange. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain
other GorillaExchange services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
GorillaExchange shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and GorillaExchange agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Los Angeles, California.
Waiver and Severability of Terms. The failure of GorillaExchange to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your
GorillaExchange account is non-transferable and any rights to your
GorillaExchange I.D. 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 TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
26. VIOLATIONS
Please report any violations of the TOS to abuse@gorillaexchange.com
Copyright © 2004 GorillaExchange Inc. All rights reserved.
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