GCN End User License Agreement
1. DEFINITIONS: The letters "GCN" refer to the software used to connect to severs owned or operated by Global Communications Network, LLC. Global Communications Network, LLC. refers to the corporate entity in which you the subscriber and end user of the GCN software are entering into this End User License Agreement (EULA). "You" is hereby defined as the person installing, using, or evaluating the GCN software, and are, accordingly, the licensee in respect of it. You understand that Global Communications Network, LLC. is soley authorized by the copyright holder to license this software to you. "Software" shall be defined as the computer programs contained therein in machine-readable, object code form only, and the accompanying documentation.
2. PARTIES: This EULA is a contract between you the subscriber and Global Communications Network, LLC.
3. REVISIONS: It may be necessary to revise provisions of the EULA. By accepting the EULA you agree that Global Communications Network, LLC. may change the terms of the EULA. If Global Communications Network, LLC. makes changes to the EULA, an advance notice of 15 calendar days will be provided on the GCN welcome screen. Using the service beyond the 15 day announcement signals your acceptance of the updated EULA whether or not you read the announcement. If you do not agree to changes proposed by Global Communications Network, LLC., then your only remedy is to cancel your GCN subscription by discontinuing use of GCN.
4. LICENSE: This EULA is your license to use the GCN program. To access GCN you must provide your own Internet connection, and you must only connect to the GCN server using GCN provided software. You understand that you subscribe to GCN and that your subscription might be limited, terminated, or suspended at anytime for any reason. You understand that the GCN service may not be available at all times, and might be indefinitely discontinued at any time for any reason. Users that have subscribed to the service without advertisements will be refunded a prorated portion of the unused time remaining in the event that Global Communications Network, LLC. discontinues the GCN service.
5. REPONSIBILITY: You understand that you and you alone are responsible for all of your actions while using GCN. It is important that you not reveal your password to others and remember that GCN representatives will never ask you for your password. You agree to indemnify and hold harmless Global Communications Network, LLC. and its affiliates, subsidiaries, related companies, employees, directors, managers, contractors, officers, owners, shareholders and agents for any improper or illegal use of your account.
6. INTELLECTUAL PROPERTY: Most content on the GCN program such as text, software, audio and visual communications, images, sounds and other information provided is provided by Global Communications Network, LLC., its subscribers, or its affiliates. In general, Global Communications Network, LLC. does not preview content available on GCN. Global Communications Network, LLC. does not assume responsibility or liability for any content. Content seen while using the internet is not the responsibility of GCN. Many areas of GCN are publicly accessible, meaning that content can be seen by others. These areas include, but not are limited to virtual message boards, virtual text and or audio chat rooms, and profiles, and others will have access to information, media, or material that you post when using GCN. By submitting or posting content there, you are representing that you are the owner of such material or have authorization to distribute it. Once you post content through GCN, you expressly grant Global Communications Network, LLC. the complete right to use, reproduce, modify and distribute the content in any form, anywhere.
7. APPLICABLE LAW: You must conform to all applicable laws in your jurisdiction. Individual subscribers have the ability to create their own content and voice their own opinions. Also, Global Communications Network, LLC. may at its sole discretion, for any reason it sees fit, take action against your account. This can include, but is not limited to preventing access to and use of GCN. You understand that Global Communications Network, LLC. is not required to provide notice prior to denying access.
8. EXPORT: You agree that neither the GCN software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purposes prohibited by such Act.
9. CONDUCT: If you use, or attempt to use GCN for unintended purposes including but not limited to tampering, modifying or otherwise corrupting the security or functionality of GCN, you may be subject to damages and other penalties, including civil and or criminal prosecution.
10. ATTORNEY'S FEES AND COURT COSTS: In any litigation or proceeding by which Global Communications Network, LLC. wishes to enforce any or all of its rights under this contract, Global Communications Network, LLC., if the prevailing party, shall be awarded reasonable attorney's fees, together with any costs and expenses, to resolve this dispute and to enforce the final judgment.
11. CONTENT: Some content available through the GCN program is often protected by copyrights, trademarks, and other intellectual property rights. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on GCN, unless you have the legal right to do so. Making unauthorized copies of any content found through GCN or the Internet can lead to legal action by the content owners by taking criminal or civil action against you. In that event, you agree to hold harmless Global Communications Network, LLC. and its affiliates, subsidiaries, related companies, employees, directors, managers, contractors, officers, owners, shareholders and agents.
12. AGE OF MAJORITY AND CAPACITY: In order for you to accept this EULA, you must have the legal capacity to enter into a contract. If you are a minor, your legal guardian must agree to the terms of this EULA.
13. RESTRICTIONS: Global Communications Network, LLC. grants to you a non-exclusive, limited license to use GCN client software to connect to the GCN service. This license is subject to the restriction that, you must not translate, reverse-engineer, reverse-compile, decompile, disassemble, reverse assemble, extract source code from the object code, or make derivative works from GCN software. You further agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You understand that GCN may not be consistent across all platforms and that the performance and some features of GCN may vary depending on your computer, software and other equipment.
14. WARANTY AND LIMITATION OF LIABILITY: YOU, THE SUBSCRIBER, EXPRESSLY AGREE THAT THE USE OF THE GCN PROGRAM, GCN SOFTWARE, AND THE INTERNET IS AT SUBSCRIBER'S SOLE RISK. THE GCN PROGRAM AND GCN SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GLOBAL COMMUNICATIONS NETWORK, LLC. PROVIDES THE GCN PROGRAM FREE OF CHARGE AND DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO ACCESS OR USE THE GCN PROGRAM AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT GLOBAL COMMUNICATIONS NETWORK, LLC. WILL HAVE ADEQUATE CAPACITY FOR THE GCN PROGRAM AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GLOBAL COMMUNICATIONS NETWORK, LLC. IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 16. IN NO CASE SHALL GLOBAL COMMUNICATIONS NETWORK, LLC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE GCN SERVICE, GCN SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR SUBSCIPTION WITH GCN. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. GLOBAL COMMUNICATIONS NETWORK, LLC. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR GCN PROGRAM OFFERED THROUGH GCN AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR GCN PROGRAMS.
15. INDEMNIFICATION: Upon a request from Global Communications Network, LLC., you agree to defend, indemnify and hold harmless Global Communications Network, LLC. and its affiliates, subsidiaries, related companies, employees, directors, managers, contractors, officers, owners, shareholders and agents from all liabilities, claims and expenses, including attorney's fees, that arise from a breach of this EULA for which you are responsible or from the use of GCN, or in connection with your transmission of any Content on GCN. Global Communications Network, LLC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a Subscriber.
16. CANCELATION OF SUBSCRIPTION: Either you or Global Communications Network, LLC. may cancel or terminate your subscription at any time. You understand and agree that the cancellation of your subscription is your sole right and remedy with respect to any dispute with Global Communications Network, LLC. To cancel your GCN subscription, simply discontinue your use of the GCN program. After sixty days without using your account, your registration is cancelled and anyone could then register the name that you had been using to connect to GCN. You understand that this EULA agreement will survive even if the subscription is cancelled.
17. ENTIRE AGREEMENT: The EULA represents your entire Contract with Global Communications Network, LLC. You agree that the EULA is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Contract.
18. SEVERABILITY: If any part of this contract is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
19. CHOICE OF LAW AND FORUM: The laws of The State of Rhode Island and Providence Plantations (Rhode Island), and controlling United States federal law govern this EULA and your subscription. As noted above, subscriber conduct may be subject to other laws in your jurisdiction. You agree that exclusive jurisdiction for any claim or dispute with Global Communications Network, LLC. or relating in any way to your subscription or your use of GCN resides in the courts of Rhode Island and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Rhode Island in connection with any such dispute including any claim involving Global Communications Network, LLC. and its affiliates, subsidiaries, related companies, employees, directors, managers, contractors, officers, owners, shareholders and agents.
20. WAIVER: Global Communications Network, LLC. may, at its discretion from time to time without notice, waive any of its rights under this EULA in any circumstances. Global Communications Network, LLC. can waive its rights without affecting its other rights. If Global Communications Network, LLC. waives any right, it does not thereby waive the same right in other circumstances.
21. PRIVACY: Global Communications Network, LLC. will not sell, disclose, or release personal information abouts its end users unless Global Communications Network, LLC., its owners, or managers are required to by a court order. Use of the GCN service or software does not require that you reveal your name, electronic mail address, legal address, location, age, telephone number, or other contact information. GCN does not contain what is commonly referred to as "spy-ware" nor is GCN bundled with any other "spy-ware" programs.
22. ADVERTISEMENTS: Global Communications Network, LLC. makes efforts to avoid intrusion of the on-line experience with annoying "pop-up" advertising or bulk advertising e-mail. GCN is supported in part by rotating banner advertisements. These advertisements may have different privacy policies from those of GCN. We encourage subscribers to review the browser privacy settings on their own computer. Global Communications Network, LLC. subscribes to banner ad services that offer a variety of goods and services. By clicking on an advertisement, you will be re-directed to internet sites that are beyond the control of GCN. You may be exposed to other advertisements taking various forms from these sites.