Terms of Use
GENERAL TERMS AND CONDITIONS OF USE
Please read these terms carefully before using this website ("Site"). By accessing and using this Site you indicate your acknowledgment and acceptance of these terms and conditions. If you do not agree to abide by these terms and conditions do not use the Site or download materials from the Site.
These terms and conditions govern the use of the Site. These terms and conditions are subject to change without notice. Therefore, if you are a regular user of the Site, please review these terms and conditions regularly.
Initially, please note that this Site is intended for adult use only and we do not market any products or services to children. Please do not use this site if you are under 18 years of age.
Laws/Regulations
Your access and use of this Site is subject to all applicable international, federal, state and local laws and regulations.
Copyright/Trademarks
This Site, including images, text, audio, video and other components therein ("Materials") are copyrighted materials owned by International Gamco Inc. (“Gamco”) or other third parties and protected by worldwide copyright laws and treaty provisions. These Materials and elements include, but are not limited to, names, trademarks, logos, graphics, sounds and images. Individual elements of this Site are also protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part.
You may not use, copy, reproduce, modify, publish, upload, post, transmit, or distribute Materials and elements of this Site in any way without Gamco's express prior written permission.
Any product, process, or technology described on this Site may be subject to other intellectual property rights reserved by Gamco or third parties as well as licenses. Note that in order to use certain Materials for advertising, promotional, or other purposes you may need to obtain a license. Please contact Gamco if you have questions or need further information.
Except as expressly provided herein, Gamco does not grant any express or implied right to users under any patents, copyright, trademarks, or trade secrets.
No Warranties
THIS SITE IS PROVIDED ON AN "AS IS" BASIS. GAMCO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THIS SITE. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, GAMCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. FURTHER, GAMCO DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF COMPUTER VIRUSES.
Updates and Errors
GAMCO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER MATERIALS CONTAINED WITHIN THIS SITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD BE OUTDATED OR CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. GAMCO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. GAMCO HAS NO DUTY TO UPDATE THIS SITE OR THE CONTENT HEREOF AND GAMCO SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.
YOU AGREE THAT GAMCO AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND ITS SUBSIDIARIES OR AFFILIATES WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF GAMCO WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOUR INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. GAMCO CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE. FURTHERMORE, YOU AGREE TO INDEMNIFY GAMCO AGAINST LIABILITY FOR ANY AND ALL USE OF THE SITE.
Indemnification
You agree to indemnify, defend, and hold harmless Gamco and its subsidiaries, affiliates, related companies, and respective officers, directors, employees, agents, licensors and suppliers of Gamco from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of these Terms and Conditions of Use or of any law, rule or regulation, a claim based on your use of the content or Materials, or any activity related to use or misuse of this Site by you or any other person accessing this Site using your personal means of Internet access, or of any such violation or misuse conducted by your employee or agent. You will cooperate as fully and as reasonably required by Gamco in defense of any claim. Gamco reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim without the prior written consent of Gamco.
Confidentiality of User Communications
Except as required by law and in accordance with Gamco's Privacy Policy, Gamco will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to Gamco. Users should be aware that sites which are linked to from this Site may contain confidentiality provisions that differ from the provisions provided herein. Gamco is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. Gamco does not knowingly collect personal information regarding children.
Linked Internet Sites
Gamco prohibits caching this Site, unauthorized hypertext links to this Site, and the framing of any materials available through this Site. Gamco reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to this Site. Other internet sites which are linked to this Site have their own terms and conditions of use and privacy policies. Access to any other Internet sites linked to this Site is at your own risk.
You should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. Gamco is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Jurisdiction and Venue
This Site is controlled and operated by Gamco from its offices within the United States of America. Any claim relating to this Site shall be governed by the internal substantive laws of the United States and the State of Nebraska. You and Gamco agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Nebraska. 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 this Site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose. Your conduct may be subject to other laws. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Violation of Terms and Conditions
Gamco reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or for particular registered users to this Site.
Miscellaneous
Gamco operates this Site and reserves the right to change these terms and conditions at any time and from time to time without notice. Changes in these terms and conditions will be effective upon posting or as otherwise specified by Gamco. The failure of Gamco to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section titles herein are for convenience only and have no legal or contractual effect.
If you have any questions regarding Gamco's Terms and Conditions of Use, please contact: Intlgamco@intlgamco.com.
Effective as of May 9, 2011.