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Web Site Terms and ConditionsThank you for visiting our website. Access to and use of this internet website (referred to as this "Site") is governed by the terms and conditions set forth below, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting or otherwise accessing or using this Site, you agree to abide by the terms and conditions set forth below. We reserve the right, at any time, to modify or update these terms and conditions, and you agree to be bound by such modifications or updates. As used in this Site, the term "GVM" is intended to include Global Village Marketing & Data Services, Inc. doing business as Global Village Marketing and its respective divisions, subsidiaries, and affiliated companies.
This Site and the content on this Site are owned by GVM, its clients, or its content suppliers and are protected by the Copyright laws of the United States of America, 17 U.S.C. §§ 101 et seq., and may be protected by the copyright laws of other countries and jurisdictions as well. The sole authorized use of the site is to obtain information about GVM. Absent the prior written consent of GVM or except as specifically permitted in accordance with the terms and conditions governing use of this Site, any copy, other reproduction, display, performance or retransmission of all or any of the contents of this Site is strictly prohibited. All rights reserved.
Use This Site At Your Own Risk
Every user who visits this Site does so at her or his own risk. GVM makes no representations or warranties of any kind as to (a) the accuracy, completeness or usefulness of the information or materials contained in this Site, and assumes no responsibility for any errors or omissions in the contents of this Site (which may include factual or typographical errors and/or technical inaccuracies); (b) the availability for use of any copyrighted, trademark or otherwise proprietary materials of third parties which may appear in this Site; (c) the presence or absence of computer viruses or other bugs which may have been embedded in or attached to this Site without GMV's knowledge or consent; (d) any software made available for downloading, copying or other use through this Site; or (e) the merchantability, fitness for use, title and/or non-infringement of any or all of the contents of this Site.
Regarding communications with GVM through this Site, GVM makes no representation or warranty concerning the security of any data transmitted to GVM, including information relating to potential employment or applications therefor, or any other matter. GVM shall treat any data or information transmitted to GVM through this Site as non-confidential and non-proprietary.
NEITHER GVM, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS SITE OR WHOSE MATERIALS OR INFORMATION APPEAR IN THIS SITE ASSUMES OR ACCEPTS ANY LIABILITY, REGARDLESS OF WHETHER BASED ON CONTRACT, NEGLIGENCE, INTENTIONAL WRONGDOING OR LIABILITY WITHOUT FAULT, FOR ANY COSTS, LOSSES, DAMAGES (WHETHER DIRECT, INDIRECT, COMPENSATORY, SPECIAL, LOST PROFITS, LIQUIDATED, CONSEQUENTIAL OR PUNITIVE), ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THE USER'S ACCESS TO, BROWSING OF OR USE OF THIS SITE OR ANY OF THE CONTENTS OF OR INFORMATION APPEARING ON THIS SITE, WITHOUT REGARD TO THE SOURCE OF SUCH CONTENTS OR INFORMATION, OR THE UNAVAILABILITY OR FAILURE OF PERFORMANCE OF THIS SITE FOR ANY REASON.
Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, GVM's liability is limited to the greatest extent permitted by law.
It is strictly prohibited to use any materials on the Site or to contact the Site to disrupt or damage the Site, its contents or its security measures or to ridicule, disparage, harass or annoy GVM or its clients or their respective products or services or personnel. No unsolicited email (spam) may be directed to or through this Site.
It is prohibited to link other sites with this Site without GVM's prior written permission. For the convenience of users of this Site, GVM may permit one or more links to other internet websites from time to time. Except for internet websites maintained by divisions, subsidiaries or affiliated companies of GVM, the internet websites to which links are provided in this Site are not under the control of GVM. GVM assumes no responsibility for the contents of any non-GVM linked internet website, or for any potential damage arising out of or in connection with the use of any such link.
In addition, the existence of a link between this Site and any other internet website is not and shall not be understood to be an endorsement by GVM of the owner or proprietor of the linked internet website, nor an endorsement of GVM by the owner or proprietor of such linked website.
Please note that it is a policy of GVM not to accept or consider unsolicited creative, production-related or other materials of any kind. GVM will consider any and all materials, including proposals, ideas, concepts, drafts, rough cuts or finished work product submitted through this Site not to be confidential or proprietary, and to be freely available for use of any kind, including advertisements and promotions, without recognition, compensation or payment of any kind.
Any software made available for downloading, copying or use through this Site is proprietary to the individual or entity making such software available. Downloading, copying or other use of such software is subject to the terms and conditions of the software licensing agreement relating to such software.
Digital Millennium Copyright Act ("DMCA") notice
GVM owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Site, or via the Site, by third parties not within the control of GVM. It is our policy not to permit materials known by us to be infringing to remain on this Site. You should notify us promptly if you believe any materials on this Site infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the DCMA, GVM will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The GVM designated agent (i.e. proper party) to whom you should address such notice is General Manager, Global Village Marketing, 2710 Thomes Avenue, Suite 547, Cheyenne, Wyoming 82001, Telephone# (307) 222-4135, Fax (708) 810-4135 email address email@example.com. It is the policy of GVM to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Limited License Agreement & Limitation of Warranty
The List/s rented are not to be used by you for any purpose other than the specific mailing as agreed and will be for one time use only unless otherwise agreed upon in writing. Where the List is supplied on tape or diskette, the tape or diskette belongs to GVM and is to be destroyed after use, unless otherwise specified in writing, additionally data that is received by email or ftp where when completed is deleted from electronic storage.
You will not disclose, transfer, duplicate, reproduce or retain all or any portion of the mailing List or any information thereon in any form or manner whatsoever, nor permit any third party, agent, employee or contractor and their respective agents and employees to do so. No 'enhancements' of any other List or database by the use of the List/s shall be undertaken by you or any processor without a written agreement expressly permitting such 'enhancements' from GVM or the List owner.
You understand that the List has been seeded with false names and addresses for security reasons so as to permit and allow efficient and convenient checking of misuse or further use. You agree that production of more than one communication of any kind, or offer, other than those specified in writing (to any of the said false names and addresses) shall constitute prima facie evidence of more than one use or misuse of the List or any part of it by you as the customer. You understand that you are liable whether you or any third party should so use or misuse the List or any part of it. In addition to any other rights which GVM might have, if the List is used by anyone including yourselves for any purpose other than the use agreed to herein, or used more than once, then you shall pay ten times the initial rental fee on the said prima facie evidence of misuse or more than one use being forwarded to us, PROVIDED THAT the amount so payable shall only be payable if demanded by GVM and that GVM shall have the right to proceed for any different or greater amount of damages against you at its election.
You agree to deliver to GVM prior to the order being formally accepted by GVM, two complete samples of the offer to be mailed to the said List/s. As the List manager/broker, GVM may reject the use of the List/s for the said sample of offer without any claim or liability being made against GVM. You agree to make details of the List's performance available to GVM. The details would include percentage of replies, conversion rates, sales values, or any form of analysis. GVM will treat this information confidentially.
You acknowledge that GVM has no responsibility of any kind for the success or failure of your use of the rented List/s or your marketing campaign generally. You hereby release GVM from all or any liability which might arise out of the use of our mailing List/s. You acknowledge that GVM has no control over whether or not the persons named on the List/s may or may not have moved address, may have died, may not wish to purchase, respond or acknowledge your mail piece, or for any other reason do not answer to your direct mail piece, leading to unsuccessful results for you. You agree that GVM is not to be held liable for the successful replies or any responses you receive. You acknowledge that delivery of the List shall not be binding on GVM who attempts to make every effort to ensure timely delivery. GVM cannot be held responsible for delays arising from circumstances beyond its control.
In the event that a signed List agreement is returned to GVM, then cancelled, a cancellation fee of $50/F plus $10/M will be due. The full rental fee will be due after the ship date. GVM acknowledges the possibility of duplicate names and addresses within the mailing lists that are made available for rental. You, the renter, acknowledge the possibility of duplicate names and addresses and accept the mailing List/s on that basis. You agree that de-duplication of Lists, beyond that which is done by GVM, is your responsibility. You acknowledge that the terms and conditions that govern all mailing lists are set by the list owner and are subject to change without notice.
GVM does not provide any guarantee, deliverability or otherwise, on the telemarketing component of any List, nor does GVM guarantee that a telephone or fax number will always reach the exact location of a particular person.
DISCLAIMERS and WARRANTIES
GVM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR YOUR PARTICULAR PURPOSES. WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF OUR LIST INFORMATION, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE LIST INFORMATION, ERRORS IN LIST INFORMATION, AND DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES EARNED BY US ON LISTS RENTED BY YOU SUBSEQUENT TO YOUR ENTERING INTO THIS AGREEMENT. THE REMEDIES AVAILABLE TO YOU AGAINST US UNDER THIS AGREEMENT ARE EXCLUSIVE. NOTE THAT SOME STATES DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If you have questions regarding any aspect of this Limited License Agreement and Limitation of Warranty, please telephone +1-307-222-4135 before accessing the site further.
GVM's headquarters are in the State of Wyoming. This Site and these terms and conditions are subject to the laws of the State of Wyoming and the USA, regardless of your location, and any claims of any kind related thereto must be filed in the courts located in the County of Laramie in the State of Wyoming in the United States of America. You agree that any cause of action arising out of or related to this Site must commence within one (1) year after the cause of action arose or it is permanently barred. Because some jurisdictions do not permit such time bars, this limitation may not apply to you.
2710 Thomes Avenue
Cheyenne, Wyoming 82001
© 2006 Global Village Marketing. All Rights Reserved.
©2007, Global Village Marketing & Data Services, Inc. All Rights Reserved