Last updated on August 28, 2017

FutureOrb Terms of Use

1. ACCEPTANCE OF TERMS

These Terms of Service (the “Agreement”) govern your use of the following services offered by GBL Systems Corporation ("GBL", “we”, “our”, “us”): the FutureOrb website, FutureOrb mobile applications, the MAC Address Registry, and the Wireless Name Registry (collectively “our services”). Your use of any of any of our services constitutes your acceptance of these terms. When registering for any of our services, you will be asked to accept this Agreement. If you do not agree to these Terms of Service, you may not use our services. Some of our services may also be governed by separate terms. If any of the terms for a particular service conflict with this Agreement, the terms of that agreement will govern solely for purposes of that service. We may update this Agreement from time to time. When we do so, we will post updated Terms of Service at www.futureorb.com/terms and may send you notice of the update as set forth in Section 26. We may also present updated Terms of Service to you when you access our services and ask you to consent to them. If you do not agree to the modified Terms of Service, you must cease using our services. Your use of any of our services after we have posted updated Terms of Service constitutes your acceptance of the changes.

2. GENERAL DESCRIPTION OF SERVICES

GBL provides users with tools to manage content associated with Wireless Names (i.e., Wi-Fi names (also known as Service Set Identifiers or SSIDs), Bluetooth names, Zigbee identifiers, and other existing and future similar wirelessly transmitted names or expressions) and MAC addresses (hardware device identifiers that allow Wi-Fi- and Bluetooth-enabled devices to communicate wirelessly). Our two primary services are the MAC Address Registry and the Wireless Name Registry. The MAC Address Registry, a free service, allows users to associate links to web pages, images, videos, and other content with MAC addresses. The Wireless Name Registry, a paid service, allows users to associate links to web pages, images, videos, and other content with Wireless Names. For both services, users may wish to post content providing information about themselves or their businesses, including links to their social media accounts. We also may allow individuals to send messages to the registered owners of Wireless Names and MAC addresses if the registered owners provide an email address or other contact to receive such communications. We do not guarantee that the contact information is accurate. Users may be able to associate content with their own Wireless Names and MAC addresses as well as the Wireless Names and MAC addresses registered to other users. We may allow users some control over the content associated with the Wireless Names and MAC addresses that they have registered. You are responsible for obtaining access to our services.

That access may require you to obtain services from third parties, (such as access to the Internet or wireless data services). In addition, you must provide and are responsible for all equipment necessary to access our services. We do not collect information directly from a device associated with a particular Wireless Name or MAC address unless that device is used to access our services. Our registries merely associate a Wireless Name or MAC address with a registered owner and posted content. To do so, they do not need to connect with the devices associated with the Wireless Name or MAC address. For example, if you use your laptop to register the Wireless Name or MAC address of your tablet, we will be collecting information about your tablet, but we will not be connecting with your tablet. We will be connected only with the laptop you use to access our services. For more information about the information we collect and how we use it, please see our Privacy Policy at www.futureorb.com/privacy.

3. YOUR REGISTRATION OBLIGATIONS

  • Individual use

    You represent that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or any other applicable jurisdiction. When you register for any of our services, you affirm the following: That all the information you provide during any registration process is true, accurate, current, and complete; That to the best of your knowledge, your registration of all the Wireless Names and MAC addresses that you register does not infringe or violate the rights of any third party; That you are not registering a Wireless Name or MAC address for an unlawful purpose; and That when you transfer ownership or dispose of a device, you will cancel the registration of the device’s MAC address. You represent that you will maintain and promptly update your registration information to keep it true, accurate, current, and complete.

  • Business use

    If you register for our services or use our services on behalf of a business, that business accepts these terms. That business will hold harmless and indemnify us and our affiliates, officers, agents and employees from any claim, suit or action arising from or related to the use of our services or violation of these terms. You represent that you are authorized to accept these terms on behalf of the business. If registering as an individual or business, when you register a MAC address with us, you represent that you own the device associated with that MAC address or that the device’s lawful owner has authorized you to register the MAC address.

4. PRIVACY POLICY

Our services are governed by the GBL Privacy Policy, which is incorporated into this Agreement by reference. Our Privacy Policy is available at www.futureorb.com/privacy. Your consent to this Agreement indicates your consent to the collection, use, and sharing of information as described in our Privacy Policy. Our Privacy Policy may change from time to time, and you should review it regularly. If you do not agree to any changes we make, you may terminate this Agreement as specified in the Termination Section. You understand that this includes the transfer of information to and from the United States or other countries for storage, processing, and use by us, our affiliates, and service providers.

5. LOGIN CREDENTIALS AND ACCOUNT SECURITY

To access some of our services, you will need to establish and use a username, password, or other access information (“login credentials”). You are responsible for maintaining the confidentiality of your login credentials. You may not attempt to circumvent the login process, use another user’s login credentials without their consent, or otherwise bypass our security measures. You are fully responsible for all activities that occur using your login credentials, regardless of whether those activities were performed by you. You must (a) immediately notify us if you become aware of any unauthorized use of your login credentials or any other breach of security, and (b) ensure that you sign out of your account at the end of each session.

6. MEMBER CONDUCT

You understand that all information, data, text, URLs, Wireless Names, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted through our services, are the sole responsibility of the person who posted such Content. This means that you are solely and entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via our services. We do not control the Content posted via our services and do not guarantee the accuracy, integrity, or quality of such Content. We are not liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through our services. You agree to comply with all applicable laws and regulations when using our services. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on our services, in whole or in part, is strictly prohibited. Some of the Content that users post may be offensive, indecent, or objectionable. We are not liable for that content. You may be able to contact the registered owner of a Wireless Name or MAC address regarding any Content associated with that Wireless Name or MAC address.

You agree to not use our services to: upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; use any means to disguise the origin of any Content transmitted through our services; upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law, contractual obligation, or fiduciary relationships (such as confidential information obtained in the course of employment or other relationship requiring nondisclosure of the Content); upload, post, email, transmit, or otherwise make available any Content that infringes any person’s or entity’s patent, trademark, trade secret, copyright, or other proprietary rights; use our services to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other solicitations that we, within our sole discretion view as intrusive or objectionable; upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt our services, servers, or networks, or disobey any of our requirements, procedures, policies, or regulations associated with our services, including using any device, software, robot, spider, or other automatic or manual process to monitor, data mine, or copy any of the Content or user information available through our services, except as expressly permitted by us; violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; “stalk” or otherwise harass another; or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through k above.

7. HOW WE MAY TREAT CONTENT AND OTHER INFORMATION

We may, at our discretion, screen Content, but we make no promise to do so. You acknowledge that we have the right to remove or refuse to post any Content for any reason, including if it violates this Agreement, including but not limited to the Member Conduct provisions above, or if it is otherwise objectionable, in all cases as we so deem within our sole discretion. You acknowledge, consent, and agree that we may access, preserve, or disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process such as government or private subpoenas (without assuming any obligation to notify you of such requests); (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of us, those who use our services, or the public.

Users have the ability to report content that they believe is inappropriate on their mobile devices. Our goal in allowing users to flag content is to give the community a voice in keeping their GBL proximal experience friendly, useful, and safe.

Reasons why content may be reported or flagged include:

  • Insults or personal attacks
  • Profanity
  • Discriminatory remarks
  • Content better suited for a private message
  • Inappropriate pictures or web sites
  • Content is not limited to the above examples

When your content is flagged, we send you an email notification informing you of the flag. For privacy reasons, we don't disclose to you the name of the member who has flagged your content.

We may remove the flagged or reported content if we find it violates the intent of our Content Guidelines.  If we find a user is repeatedly having their content flagged and reported, we may remove all content by that user and suspend their account.

8. INTERSTATE AND GLOBAL NATURE OF COMMUNICATIONS FOR OUR SERVICES

You understand that when you use our services, you may be sending communications across state, provincial, or national borders. Our computer networks are located in various U.S. states and in various countries.

9. EXPORT AND IMPORT COMPLIANCE

You agree to comply with all applicable export and import laws and regulations. In particular, you represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you use our services to transfer software, technology, or other technical data to parties identified on such lists.

10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON OUR SERVICES

We do not claim ownership of Content you submit or make available for inclusion on our services. However, if you submit or make available Content for inclusion on our services, you grant us the following worldwide, royalty-free and non-exclusive license(s), as applicable: With respect to photos, graphics, audio or video you submit or make available, directly or indirectly, for inclusion on our services, the license to use, distribute, reproduce, adapt, publicly perform and publicly display such Content solely for the purpose for which such Content was submitted or made available, for example if submitted to a publicly accessible area of our service. This license exists only for as long as you elect to continue to include such Content on our services and will terminate at the time you remove such Content. b. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on our services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. For example, we may use this license for any number of reasons, including but not limited to any registered Wireless Name or MAC address. You agree that these licenses include the right for other users of our services to access and use your Content, subject to our terms and conditions regarding such use.  Any Content submitted or made available for inclusion on our services may be removed without prior consent to you or the creator of such Content.

11. CONTRIBUTIONS TO OUR SERVICES

If you submit ideas, suggestions, documents, or proposals (“Contributions”) to us through our suggestion or feedback webpages or by emailing us, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we are entitled to use or disclose such Contributions in our discretion for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) you hereby assign to us all of your right, title and interest in the Contributions, including all intellectual property rights therein and your Contributions automatically become our property without us owing any obligation to you; and (f) you are not entitled to any compensation or reimbursement from us.

12. FEES, PAYMENT AND TERM OF SERVICE

Some of our services may require payment in consideration for what you receive. You agree to pay us as described by us when you sign up for those services. You also agree to pay us upon receipt of any invoice from us. All fees are due immediately and are non-refundable, except as otherwise expressly noted. If you sign up for a recurring payment and provide us with a payment method, you authorize us to charge that payment method on the frequency specified at the time you sign up for the recurring payment. You understand that the prices we charge for our services may change. We may notify you of any price changes by sending you notice as described in the Notice section. You agree to pay the then-current price at the time of the charge for those services for which you have signed up for recurring payments. You are responsible for updating your payment method if the information changes (e.g., change of expiration date or account number). Recurring charges will continue for the term specified at the time you sign up or until you cancel per your Agreement with us.

13. RIGHT OF REFUSAL

We, in our sole discretion, reserve the right to refuse to register your Wireless Name or MAC address, or to cancel the registration of your chosen Wireless Name or MAC address at any time and for any reason. We may for example cancel the registration of your Wireless Name if we have reason to believe that another person has exclusive rights to use the Wireless Name. You agree that we shall not be liable to you for any loss or damages that may result from our refusal to register your Wireless Name or MAC address.

14. INDEMNITY

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, employees, partners, and licensors harmless from all liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, relating to or arising out of this Agreement, Content you submit, or your use of our services.

15. NO COMMERCIAL REUSE OF OUR SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of our services except as permitted under this Agreement or otherwise authorized by us.

16. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may establish general practices and limits concerning use of our services, including without limitation the maximum number of days that we will retain uploaded Content, the maximum amount of Content that may be sent from or received by an account on our services, the maximum size of any Content that may be sent from or received by an account on our services, the maximum disk space that will be allotted on our servers to host Content associated with your Wireless Name, MAC address, or account, and the maximum number of times (and the maximum duration for which) you may access our services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted using our services. You acknowledge that we may log off inactive accounts. You further acknowledge that we may modify our general practices and limits from time to time. You also consent to us storing your communications and Content on our servers.

17. MODIFICATIONS TO OUR SERVICES

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our services (or any part thereof) with or without notice. You agree that we are not liable to you or to any third party for any modification, suspension, or discontinuance of our services (or any part thereof). Unless specified otherwise by us in writing, you will not receive a refund for any prepayments you have made for our services when those services are modified or discontinued.

18. TERMINATION

You may terminate your account and any associated access to our services by contacting us at: [email protected] You will not be entitled to any refund unless we have expressly stated otherwise in writing. You agree that we may, without prior notice, immediately terminate or suspend your account, your access to your account, or any email address related to our services. We may take such action for any reason, including, but not limited to: (a) violations of this Agreement or any other agreements, rules, or guidelines, associated with our services; (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to our services (or any part thereof); (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; (f) fraudulent, criminal, illegal, or otherwise unlawful use of the services by you or anyone else using your login credentials; and (g) nonpayment of any fees owed by you in connection with our services. Further, you agree that we shall not be liable to you or any third party for any such termination or suspension. We reserve the right to seek all remedies available at law and in equity for violation of this Agreement. Termination of your account may include any or all of the following: (a) removal of access to all or part of the offerings within our services, (b) deletion of your password and all related information, files, Content, and other materials and information associated with your account (or any part thereof), and (c) barring of further use of all or part of our services. Unless specified otherwise by us in writing, you will not receive a refund for any prepayments you have made for our services when those services are terminated per this Agreement.

19. THIRD-PARTY OFFERINGS AND ACTIONS

Our services may provide access to media, links, web pages, services, applications, or other functionality offered by, created by, or otherwise distributed by third parties (“Third-Party Offerings”). You agree that Third-Party Offerings are governed by the terms of any and all relevant third-party licenses, privacy policies, or other agreements. We are not responsible for Third-Party Offerings, and we are not liable for any issues of any kind relating to Third-Party Offerings. We reserve the right, at our sole discretion, to terminate, suspend, cancel, or alter access to Third-Party Offerings at any time. Any description or reference to non-GBL products, services, or companies is for informational purposes only and shall not constitute our endorsement or recommendation of such products, services, or companies. You understand that we may have no control over the actions of third parties. As such, we are not responsible for whether they honor your requests, including honoring any preferences you may register on our services about whether and how you wish entities to collect information about the devices associated with your Wireless Names and MAC addresses.

20. INFORMATION SECURITY & UPDATES

We do not warrant that a third party cannot decrypt your information should a third party come into possession of the devices you use to access our services. We recommend that you use all security features of your devices, including any password or locking functions, to protect your devices and the confidentiality of your information. To the extent that our services use third party wireless networks, we cannot guarantee that your communications will not be intercepted by others. You agree that we will not be liable for any damages for any loss or disclosure of personal information occurring in communication over networks outside our control. From time to time we may issue updates to our services, including mobile apps that we provide. Depending on the update, you may not be able to use our services until you have downloaded the latest version and accepted any new terms.

21. OUR PROPRIETARY RIGHTS

You acknowledge and agree that our services and software used in connection with our services (“Software”) contain proprietary and confidential information that is owned by us or our licensors and protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by us you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on our services or Software, in whole or in part. We grant you a personal, non-transferable, and non-exclusive right and license to use the Software solely as necessary to use our services as permitted in this Agreement, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, and to not use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to our services. You agree not to access our services by any means other than through the interface that is provided by us for use in accessing our services. You agree to not knowingly take any action that would cause our Software or other proprietary materials to be placed in the public domain.

22. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF OUR SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) OUR SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE INFORMATION PRESENTED THROUGH OUR SERVICES OR SOFTWARE WILL BE ACCURATE, COMPLETE, TIMELY OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED OR AVAILABLE THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

23. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

24. LIMITATION OF LIABILITY AND TIME LIMITATION FOR FILING A CLAIM

YOU UNDERSTAND AND EXPRESSLY AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY CLAIM OR ACTION RELATED TO OR ARISING FROM THE USE OF ANY OF OUR SERVICES PROVIDED UNDER THIS AGREEMENT OR FOR ANY BREACH OF THIS AGREEMENT IS LIMITED TO THE GREATER OF (i) THE AMOUNT YOU PAID FOR SUCH SERVICES DURING THE TERM OF THIS AGREEMENT, OR (ii) $100. IN NO EVENT SHALL WE, OR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA,OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THESE EXCLUSIONS OR LIMITATIONS OF LIABILITY, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU AGREE REGARDLESS OF ANY STATUTE OR RULE OF LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.

25. EVENTS OUT OF OUR CONTROL

We shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, natural disasters, civil or military authority, war, terrorism, labor disputes, materials provided by third parties, changes in law, or any other cause beyond the reasonable control of GBL.

26. NOTICE & COMMUNICATIONS

We may provide you with notices, including those regarding changes to this Agreement by various means, including not limited to, email, regular mail, SMS, MMS, text messages, postings on our website, or other reasonable means now known or hereafter developed and you agree to the receipt of such notices. We may offer you the ability to opt out of marketing communications. You will not be able to opt out of receiving service communications regarding your account, but you may be able to choose how we communicate such notices by accessing your account information via our services. You agree that our use of electronic documents satisfies any requirement that we provide you information in writing. If you do not agree, do not accept this Agreement. You have the right to receive a paper copy of all documents and records. You may (i) obtain a paper copy of any document or record free of charge, (ii) withdraw your consent to the use of electronic documents and records, or (iii) update your contact information by updating your information in the Account Settings menu on our services. If you withdraw your consent to the use of electronic documents and records to provide you information that is required to be in writing, we may terminate this Agreement. To receive or access electronic documents and records, you must have the following equipment and software: (a) a device that is capable of accessing the Internet; (b) an Internet browser that supports HTML 4.0 and 128-bit SSL encryption, such as Microsoft Internet Explorer 8 and higher, Mozilla Firefox 4 and higher, Google Chrome 40 and higher; and (c) software that permits you to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader 8.0 or higher, and email. To retain documents and records, your device must have the ability to download and store PDF files. Your access to this page verifies that your system and device meets the above receipt, access, and retention requirements. Your acceptance of this Agreement when registering for our services indicates your signature and your acceptance of this notice. You may contact us by the following means: send an email to [email protected]

27. TRADEMARK INFORMATION

You agree that all of our trademarks, trade names, service marks and other logos and brand features, and product and service names are our property. Without our prior written permission, you agree not to display or use in any manner our marks.

28. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property of others, and we ask you to do the same. We may at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, that a user is otherwise violating your intellectual property rights, or that someone has registered a Wireless Name or MAC address that only you have the right to register, please contact our Agent for Notice of claims of copyright or other intellectual property infringement with the following information:

1.    an electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the intellectual property interest;

2.    a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed;

3.    a description of where the material that you claim is infringing is located on our services;

4.    your address,telephone number, and email address;

5.    a statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner of the intellectual property interest, its agent, or the law;

6.   a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or are authorized to act on behalf of the owner of the intellectual property rights involved;

Upon receipt of a notification of copyright infringement that contains the required information described in (a) through (f) above, we will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on the website. No personal user information is shared with the copyright owner unless required by law. When we notify users (if we have contact information), we will provide information about their ability to file a counter-notice under the Digital Millennium Copyright Act (“DMCA”) with our Agent for Notice of claims. If they file such a counter-notice, we will process it consistent with the DMCA.

If GBL receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a "repeat copyright infringer." GBL reserves the right to terminate access of "repeat copyright infringers" to interactive features.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: email to [email protected] .

29. GENERAL INFORMATION

Entire Agreement. This Agreement constitutes the entire agreement between you and us and governs your use of our services, superseding any prior version of this Agreement. This Agreement is provided in the English language and all communications and notices to be made or given pursuant to this Agreement will be in the English language.

Choice of Law and Forum. You and GBL each agree that the Agreement and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and us, shall be brought exclusively in the federal and state courts located in the State of Delaware. You and we agree to submit to the personal jurisdiction of such courts, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. We may, at your request and our discretion, transfer information associated with your account or the registration of a MAC address or Wireless Name to a new account holder.

Miscellaneous. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

30. NO GUARANTEE OF REGISTRATION

You agree that, by registration of your chosen Wireless Name or MAC address, such registration does not confer immunity from objection to either the registration or use of your Wireless Name or MAC address.


31. CONTACTING US

If you have questions, suggestions, or wish to report a violation of this Agreement, please contact us via email at [email protected] .