Gilbert Arenas : Terms of Use

TERMS OF USE

This Website Terms of Use Agreement (the “Agreement”) governs your use of the <gilbertarenas.com> (the “Site”), as well as all rules, guidelines and additional terms relating to the Site, including our Privacy terms and conditions. This Agreement sets out the legally binding terms with respect to your use of the Site, and the services we provide under the Site. Please read this Agreement carefully. Your access to and/or use of the Site and/or the services thereof constitute your acceptance of all of the terms of this Agreement. If you are unwilling to be bound by this Agreement, you may not access or use either the Site or the services provided for under the Site. Your use of the Site constitutes your acceptance of the Agreement. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of the Site, which license and permission are freely revocable at any time, with or without cause, and with or without notice, by GJA LLC, as described more fully below. Websites or services accessible by link to the Site that are operated or serviced by third parties, are not under the control of GJA LLC, and GJA LLC is not responsible for the contents of third-party linked sites.

Description of Services

The Site provides services for members and visitors to create their own bobbleheads by uploading pictures, and overall being a part of the Gilbert Arenas™ community. Additionally, members and visitors can sign-up on the Site’s mailing list, and compete in competitions both online and offline and to share these competitions with other members and visitors.

The Site is intended to serve a general audience and does not provide specific features or services targeted at children under 13 years of age. The Site does not knowingly solicit personal information regarding children under 13 years of age and we will delete any information later determined to be from a user younger than 13.

IP Rights Notice

The Site, including services provided thereunder, are proprietary to GJA LLC, and are protected by intellectual property laws and international intellectual property treaties. To the extent applicable, all copyrights or trademarks in the text, images, photographs, graphics, user interface, and other content provided on the Site, coordination, and arrangement of such content, are owned by GJA LLC or its licensors or service providers. Under applicable copyright or trademark laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright or trademark of Gilbert Arenas™, the Site’s owner GJA LLC, or any authorized affiliated or partner of the Site. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Site is strictly prohibited, without the prior written consent of GJA LLC. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from GJA LLC is prohibited. Gilbert Arenas™ as used in connection with this Site is a protectable intellectual property interest and right of Gilbert Arenas. The Gilbert Arenas™ name, logo and other associated designs as used in connection with this Site are the intellectual property of Gilbert Arenas. Nothing contained on the Site shall be construed as granting any license or right to use Gilbert Arenas™ without the express written permission of Gilbert Arenas.

Registration

Certain services (e.g., competing or commenting on competitions) require you to register as a member before accessing such services. Once you have completed the registration process, you will become a member. Additionally, during registration you can, at your discretion, authorize the Site to send email messages on your behalf to invite your friends to the Site and upload a picture or competitions in video, photo or text format to add to the site. Upon completing the registration process, the Site will provide you with an account that provides you the personal, non-transferable and non-exclusive right to access and use the Site subject to the terms and conditions of this Agreement, including its Privacy terms and conditions.

Use of Services

You are required to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written, electronic or on-screen notice from GJA LLC. As a condition of your use of the Site, you represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Your use of the Services is expressly limited to non-commercial, personal and private use only. Any use for commercial gain is expressly prohibited. You agree to be solely responsible for any authorized or unauthorized access to your account. You represent and warrant that: (a) you have the power and authority to be bound to and comply with the terms of this Agreement and to perform your obligations under the terms of this Agreement; (b) you will comply with all terms and conditions of this Agreement; (c) if you choose to register, you have provided or will provide accurate and complete information during the registration process; and (d) you own or otherwise control the necessary rights or have the necessary consents to upload any content, including but not limited to messages, emails, photographs, images or video, that you provide.

You acknowledge and agree that from time to time the Site may be inaccessible or inoperable for any reason, including without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which we may undertake from time to time; or (c) causes beyond the reasonable control of GJA LLC or which are not reasonably foreseeable by GJA LLC. You may engage in conferences and chats, download and upload files and otherwise use the Services as permitted by this Agreement. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by GJA LLC. Files available on the Site may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them. Any copyright, trademark, and other proprietary notices may not be removed from any copies you download.

Prohibited Items and Activities, Conduct

You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the services provided for under the Site, which include, without limitation:

Registration for the Site and the services therein if you have not acknowledged reading and agreed to abide by the terms of this Agreement, including the Privacy terms and conditions;
Interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network;
Use the Site or the services in connection with any commercial endeavors;
Post your personal information such as last name, email addresses, instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of the Site;
Post or give out any financial information or transmit electronically or physically any money to other members;
Create user accounts by automated means or under fraudulent or false pretenses;
Create or transmit unsolicited electronic communications such as spam to members or promote any products or services;
Submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by GJA LLC;
Submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties;
Submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the Site;
Harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
Collect and publish any information about any of our members;
Adapt, modify or reverse engineer any portion of the Site or services in connection therewith;
Use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
Reformat any of the pages that are part of the Site;
Disseminate, store or transmit viruses, worms, trojan horses or other malicious code or program;
Post any material or engage in conduct that violates or infringes in any way upon the rights of others, that is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
Violate any applicable federal, state, local or international law or regulation;
Exploit children under 18 years of age;
Invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age);
Solicit personal information from a child under 13 years of age;
Cheat or manipulate votes by creating fake user profiles or other activities which compromise the integrity of the competition/entries and points awarded;
Submit false or misleading information to the Site and its members, partners or other authorized affiliates; or
Engage in any other activity deemed by GJA LLC to be in conflict with the spirit of this Agreement.

Personal Security Measures Members Should Take

You are responsible for maintaining the confidentiality of your email address and password that you designate during registration. You agree to immediately notify us of any unauthorized use of your email address, screen name or password or any other security breach and you agree to exit from your account at the end of each session, especially if you are using public computers and networks. Additionally, you should be careful when inputting your email address and password in public settings, so others are not able to view this information. We will not be liable for any damage or loss due to your failure to comply with this provision.

You are solely responsible for your interactions with other members on the Site. As such, you should not give out any personally identifiable information such as your last name, personal email addresses, instant messenger addresses, personal URLs, telephone numbers and physical addresses to other members. Additionally, you should not give out any financial information or transmit electronically or physically any money to other members.

You acknowledge and agree that GJA LLC has no responsibility or obligations to you in the event that you choose to meet other members or visitors of the Site.

You acknowledge and understand that GJA LLC do not (a) in any way screen or inquire into the backgrounds of our members or attempt to verify the statements of our members, or (b) make any representations or warranties as to the conduct of members with any current or future members.

User Submissions

Members are solely responsible for their User Submissions and all materials they transmit to other members. Members are not allowed to post or transmit to other members any material listed in the “Prohibit Items and Activities” section above. If you provide information to us or other members that subsequently becomes inaccurate, misleading or false, you agree to update your profile promptly to remove such information. We may review and delete User Submissions that in the sole judgment of GJA LLC violates this Agreement or our Privacy Policy, including any such material that might be offensive, illegal or may violate the rights, harm or threaten the safety of the Site and its members.

For clarity, you retain all of your ownership rights in your content submissions. However, by posting user content to public areas of the Site, you warrant and represent that you have the right to grant to GJA LLC, and you hereby grant to GJA LLC, a non-exclusive, irrevocable, sublicensable, perpetual, fully paid-up license to copy, reproduce, use, perform, display, adapt, modify, distribute, and create derivative works from, such User Submissions. For the avoidance of doubt, this license shall permit us to use User Submissions for our own marketing purposes, which may include publication and distribution of such User Submissions on sites other than the Site and on sites or other media distribution (television, movies, radio, print, outdoor, etc.) not owned or controlled by GJA LLC. You further represent and warrant that public posting and use of your User Submissions by GJA LLC will not infringe or violate the rights of any third party (see Copyright Dispute Policy below). Additionally, your use of the Site and the services provided therewith, including but not limited to the User Submissions you post on the Site, will be in accordance with any and all applicable laws and regulations.

Copyright Dispute Policy

We respect the intellectual property rights of others and expects the of our members. We will respond to claims of copyright infringement committed using the Site that are reported to the designated Copyright POC identified in the notice below.

If you are a copyright owner, authorized to act on behalf of a copyright owner and/or authorized to act under any exclusive right under copyright, please report any alleged copyright infringement taking place on the Site by providing the following DMCA Notice of Alleged Infringement (the “Notice”). Upon receipt of a Notice as described below, we may take such action, in our sole discretion, as we deem appropriate, including removal of the challenged use from the Site or discontinuance of service to repeat offenders. We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)).

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide our Designated Copyright POC with the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Our Designated Copyright POC is;

GJA LLC
9000 W. Sunset Blvd.
Suite 814
West Hollywood, CA 90069
T: 310.246.0562
email: gilbertarenaszero@gmail.com

Registration, Username, Password, Security

Registration may be required for the use of certain portions of the Site. Your registration shall not impose any duty on us to provide any particular service to you. Your username and password will be your identity for purposes of interacting with the Site. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Site. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Site. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations. If any unauthorized person obtains access to the Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in our Privacy policy, a copy of which you should review by clicking the Privacy policy link. You in turn agree and consent to the terms of the Site’s Privacy policy by your use of the Site.

Disclaimer of Warranties

GJA LLC ,MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.

Furthermore, we disclaim any and all responsibility or liability for (a) the accuracy, content, completeness, legality, reliability, or availability or operability of information or materials displayed on the Site; (b) the conduct of any user of the services or any visitor of the Site; (c) the deletion, failure to store, misdelivery, or untimely delivery of any information or material; and (d) any harm resulting from downloading or accessing any information or material on the Internet through the service or the Site.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, ACCURATE, RELIABLE OR WILL IN ANY WAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.

WE MAKE NO REPRESENTATION OR WARRANTY THAT INFORMATION ON THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

Limitation of Liability; Indemnification

UNDER NO CIRCUMSTANCES WILL GJA LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS PRIVACY & SERVICE POLICY, THE SERVICES, THE USE OF THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT GJA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON IBEATYOU.COM, THE SERVICES OR THE SITE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY GJA LLC, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE, CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR THE SITE.

Modification

We reserve the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound. Your use of the Site after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the services provided on the Site.

Termination

In our sole discretion, we reserve the right (a) to terminate any member account, with or without notice, for any or no reason; (b) to remove, suspend or disable any user's access to all or any portion of the services or the Site; and (c) to remove any content from the Siteat any time, with or without notice, for any or no reason.

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the state of GJA LLC, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the , and for matters not susceptible of adjudication in the federal courts, the courts of the State of Calfornia, in all disputes arising out of or relating to the use of this Site.

United States Jurisdiction

The Site is operated in the United States of America. We do not represent that content or materials presented on the Site are appropriate or available for use in other locations. If you access the Site from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Site.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and GJA LLC and governs your use of this Site, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GJA LLC. If any portion of this Agreement 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 intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Site changes to this Agreement, or by a subsequent writing signed by GJA LLC.

No Waiver

The failure of GJA LLC to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

No Professional Advice

Any information supplied by any employee or agent of GJA LLC, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Site, and does not constitute legal, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. GJA LLC makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Site, and GJA LLC will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GJA LLC as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of GJA LLC right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by GJA LLC with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contacting Us

Our headquarters are located in California and we can be reached at:

Mailing Address:		9000 W. Sunset Blvd., Suite 814 West Hollywood, CA 90069
Email:		gilbertarenaszero@gmail.com
Telephone:		(310) 246-0562