Don't Shoot The Messenger

TERMS OF SERVICE

TERMS AND CONDITIONS
By using this Site and Service you agree to the following terms and conditions. If you do not agree to the terms and conditions of this Agreement you may not use the Site and Service.

Don’t Shoot The Messenger (“DontSTM”) is a Site and Service owned and operated by GAL Industries, LLC (“GAL”) intended for entertainment purposes only. It contains e-mail services designed to enable you to transmit communication to others.

By using the Site and Service, you agree that all content submitted for transmission (the “Content”) will not contain Restricted Communication, which includes, but is not limited to:

Cyberbullying, Threats, Spam, Unsolicited Marketing, Illegal Content, Surveys, Contests, Pyramid Schemes, Chain Letters, Junk E-mail, and any communication that in any manner infringes any copyright, trademark, patent, or trade secret.

The administrators of DontSTM have the right (but not the obligation) at their sole discretion to refuse and/or not transmit any Content, in whole or in part, that, in their judgment, could be considered Restricted Communication, does not comply with these Terms and Conditions, or is otherwise undesirable or inappropriate.

The administrators of DontSTM may, at their sole discretion and at any point in time, update, change, or modify the definition of Restricted Communication and restrict the use of the Site and Service accordingly.

DontSTM is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. DontSTM may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and DontSTM may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

GRANT OF LIMITED LICENSE
By using the Site and Service, you grant GAL the royalty-free, unrestricted, world-wide, perpetual, irrevocable, exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Content submitted, in whole or in part. You also warrant that any “moral rights” in Content have been waived.

You acknowledge and agree that, in operation of the DontSTM website and enforcement of the Terms and Conditions, GAL may store certain data including, but not limited to, the IP address, geographical location, and system information of the submitters of Content, and the e-mail address of the recipients of Content (collectively, “Data”).

You acknowledge and agree that GAL may, but is in no event obligated to, preserve Content and Data and may also disclose Content and Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GAL, its users or the public.

DISCLAIMER OF WARRANTIES
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, GAL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. GAL DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

GAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THIS WEB SITE. YOU (AND NOT GAL OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT WILL GAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF GAL OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GAL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION
Upon a request by GAL, you agree to defend, indemnify and hold GAL, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. GAL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GAL in asserting any available defense.

INTELLECTUAL PROPERTY RIGHTS
All materials contained in this Web Site are the copyrighted property of GAL. As between GAL and you, GAL is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose.

ALL OF THE CONTENT UNLESS OTHERWISE NOTED, IS COPYRIGHTED BY GAL. NO PART OF THIS SITE, OR ANY OF THE CONTENT CONTAINED HEREIN, MAY BE USED OR REPRODUCED IN ANY MANNER WHATSOEVER WITHOUT EXPRESSED PERMISSION OF THE COPYRIGHT HOLDER.

CONTACT
If you have any questions about this policy or our site in general, please contact us using the form here.


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