GO NETWORK TERMS OF SERVICE AND CONDITIONS OF USE
INFOSEEK CORPORATION and GO NETWORK
RESTRICTIONS ON USE OF MATERIALS
This site is operated by INFOSEEK CORPORATION and its affiliates, (collectively referred to as "INFOSEEK," "we," "us," or "our" herein). No material from GO NETWORK or any Web site owned, operated, licensed, or controlled by INFOSEEK CORPORATION may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you
keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with or indorsement of any product, service, opinion, cause or anything else, (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from an Infoseek Web site. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to INFOSEEK.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by INFOSEEK. INFOSEEK does not transfer title to the Software to you. You own the medium on which the Software is recorded, but INFOSEEK retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
INFOSEEK is pleased to hear from its loyal fans and welcomes your comments regarding INFOSEEK products, including INFOSEEK's online services. Unfortunately, however, INFOSEEK's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by INFOSEEK's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.
If at our request you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of INFOSEEK. None of the Submissions shall be subject to any obligation of confidence on the part of INFOSEEK, and INFOSEEK shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, INFOSEEK shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or e-mail function offered as part of GO NETWORK. You shall not upload to, distribute through, or otherwise publish through GO NETWORK any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other GO NETWORK guests to join or become members of any commercial online service or other organization is expressly prohibited. You must also follow the House Rules whenever you are using GO NETWORK.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Never assume people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained on message boards or in chat rooms is no substitute for independent research, and it's not a good idea to trade or make any investment decisions based solely or largely on information you can't confirm. GO Network cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
CONTENT LINKED TO GO NETWORK
INFOSEEK encourages you to exercise discretion while browsing the Internet using this service. GO NETWORK may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. INFOSEEK makes no representations concerning any effort to review the content of sites listed in our catalog (indeed, given the size of our catalog and the frequency with which it is updated, such review would be practically impossible). Consequently, INFOSEEK is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to the GO NETWORK site.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INFOSEEK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFOSEEK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFOSEEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT INFOSEEK) 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.
DISCLAIMER REGARDING SEARCH
Search and Directory are free services offered by INFOSEEK. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, INFOSEEK explicitly disclaims any responsibility for the, content or availability of information contained in our search index or directory.
In no event shall Infoseek be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the Information. Infoseek will not be responsible if any Information infects or contaminates a USER's system or information. The entire risk as to the quality and performance of Infoseek and the accuracy, adequacy, completeness, currentness, validity and quality of any Information is with the USER.
DISCLAIMER TO USERS OF GO SHOP
INFOSEEK has created GO Shop in order to help you find as many prominent online retailers as possible, rather than to endorse only a few, as other sites do. Although we have reviewed each site linked from the GO Shop, the sites that are linked to GO NETWORK from merchants orother Shop Channels are owned and operated by independent retailers, and therefore, we cannot ensure that you will be satisfied with their products, services, or business practices.
That said, please understand that by viewing the GO Shop you are acknowledging and agreeing to the following terms and conditions:
The merchandise, products or services (collectively, the "Merchandise") offered to you from links from the GO Network are provided by third parties who are not affiliated with INFOSEEK. INFOSEEK does not endorse any of the Merchandise, nor has INFOSEEK taken any steps to confirm the accuracy or reliability of any of the information contained in such third parties' submissions to Infoseek or the GO Network or the Web sites of such third parties. INFOSEEK cannot, and does not, make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. You are strongly encouraged to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
GO Network takes the issue of your privacy seriously. We provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services. The merchants are
solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. For more
To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.
MEMBER IS ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF MEMBER'S PASSWORD AND ACCOUNT. FURTHERMORE, MEMBER IS ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER MEMBER'S ACCOUNT AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PROVIDERS FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. MEMBER AGREES TO IMMEDIATELY NOTIFY THE PROVIDERS OF ANY UNAUTHORIZED USE OF MEMBER'S ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO MEMBER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INFOSEEK BE LIABLE FOR ANY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF INFOSEEK OR AN INFOSEEK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INFOSEEK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting programs, films, and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by INFOSEEK from its offices within the State of California, United States of America. INFOSEEK makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or in violation of any other federal rule or regulation. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all GO NETWORK site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from INFOSEEK if in INFOSEEK's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other GO NETWORK site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Clara County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notification must be submitted to the following Designated Agent:
Service Provider(s): Infoseek Corporation and Go Network
Name of Agent Designated to Receive Notification of Claimed Infringement: Laurence J. Shapiro
Full Address of Designated Agent to Which Notification Should be Sent: 500 South Buena Vista Street, Burbank, CA 91521-7690
Telephone Number of Designated Agent: (818) 623-3200
Facsimile Number of Designated Agent: (818) 623-3637
Email Address of Designated Agent: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.