For the same reasons, it may be necessary for Grubs to update or revise certain provisions of the Member Agreement. By joining Grubs and accepting the Member Agreement you agree that Grubs may change the terms of this Member Agreement. If Grubs makes material changes or revisions to the Member Agreement, we will provide notice to you thirty days in advance. If you don't agree to the changes proposed by Grubs, or to any of the terms in this Member Agreement, your only remedy is to cancel your Grubs membership.
1. THE BASICS OF YOUR GRUBS MEMBERSHIP
This Agreement is your entire agreement with Grubs and governs your use of the Grubs Internet online service. There may be additional terms and conditions if you use affiliate services like our international areas, other Grubs services or products such as Grubs chat room, and /or your personal account. To access the Grubs service you must accept the terms of this Agreement and comply with the Grubs Community Guidelines. To be an Grubs member, you must be at least 9 years old and supply a valid e-mail address for registration. If you are not yet nine years old, you may still use the Grubs service, but only if the account was created and registered by an older person. Because we give out free memberships, we reserve the right to limit you to just one of these per household.
When you accept this Agreement and complete the Grubs registration process, you become the "master account" holder, and Grubs provides you with a limited, non-exclusive licence for no more than the term of your membership to use the user name you select for your "master account." Your screen name is your identity. You may not use a User name that is used by someone else, and your user name cannot be vulgar, or be used in any way that breaches the other parts of the Member Agreement or the Community Guidelines.
As the master account holder, you are responsible for all activity on your account , and breaches or warnings accrued by this account can lead to termination of the account. If warnings or breaches are received your account will receive notification. You may also receive important notices about your membership from time to time it is important for you to regularly check your email account mailbox. Because you are responsible for all use of your account, you should supervise the use of your account by others. This is especially important when children are using the service; children are safer online and get more out of the experience with adult supervision. It is important that you not reveal your password to other users and Grubs will never ask you for your password. You agree not to reveal your password to other users and you agree to indemnify and hold Grubs harmless for any improper or illegal use of your account were you have contributed to the illegal or improper use by voluntarily disclosing your password, indicating, or keeping a record of, your password (without making any reasonable attempts to disguise the password) in any place where access to the password may be obtained. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately. If your membership is terminated for violating this Agreement or the Community Guidelines, Grubses express permission will be necessary before you are allowed to use Grubs again.
2. ONLINE CONDUCT AND CONTENT
Content
By content, Grubs means the text, software, communications, images, sounds other information provided online. Most content on the Grubs service is provided by Grubs, Grubs members, Grubs affiliates, or independent content providers under licence. In general, Grubs does not pre-screen content available on the Grubs service. Grubs does not assume any responsibility or liability for content that is provided by others. Grubs does reserve the right to remove content that, in Grubs judgment, or does not comply with Grubs current Community Guidelines, but Grubs is not responsible for any failure or delay in removing such material. Keep in mind that Grubs is not responsible for content available on the Internet, although we reserve the right to block access to any Internet area containing illegal or other harmful content or otherwise being used for purposes that are unlawful or injurious to Grubs or its members.
One of the most exciting aspects of this medium is that individual members have the ability to create their own content and voice their own opinions. Grubs encourages Members to participate and express their views -- after all, that is what makes your experience interactive. But it is important to remember that there are rules and standards that you must abide by as a Grubs Member. These rules and standards are described in the Grubs Community Guidelines. As an Grubs Member, you agree to follow the Grubs Community Guidelines and you acknowledge that Grubs has the right to enforce them in its sole discretion. This means that if you, or anyone using your account, breach the Grubs Community Guidelines, Grubs may take action against your account. This can range from the issuance of a warning about a breach to the termination of your account. You understand Grubs is not required to provide notice prior to terminating your account for breaching these rules and standards, but it may choose to do so. Additionally, as a Grubs member, you may have access to other Grubs branded services, such as Grubs Grubs chat room service, that are available to both Grubs members and to other new Internet users. When using these Grubs branded services, your conduct remains subject to this Member Agreement; however, non-Grubs members who use these services will not be subject to this Member Agreement and as a result you understand that these other users may not be governed by the same rules or standards. Because of the changing nature of the Internet and Online Services, the Community Guidelines may change at any time. You can always find the most current version of the Grubs Community Guidelines at this page.
(For the Grubs e-mail accounts coming soon)
Unsolicited Bulk E-mail
Your Grubs membership allows you to send and receive e-mail to and from other Grubs members and users of the Internet. This does not mean that you may use Grubs to send unsolicited bulk e-mail or junk e-mail. Information about unsolicited bulk e-mail can be found at this section when it is updated frequently. Your Grubs membership and your authorisation to use the Grubs e-mail service do not allow you to send unsolicited bulk e-mail or to cause unsolicited bulk e-mail to be sent by someone else. You may not use the Member Directory or any other area of Grubs to harvest or collect information, including screen names, about Grubs members, and the use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited. Any violation of these provisions can subject your Grubs account to immediate termination and further legal action. If you have received junk e-mail and want to report it, simply use the Forward button on the e-mail screen and send the e-mail to [email protected]. Grubs also reserves the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from entering, utilising or remaining within the Grubs Network.
Proprietary Rights
Much of the content available on our service is owned by others, and is protected by copyright, trade marks, and other intellectual property rights. It is very easy to copy things in cyberspace, but just because it is easy doesn't mean it is acceptable or legal. Any content that you download while using the service has been authorised; this means you must have the legal right to download the content. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on Grubs, unless you have the legal right to. Making unauthorised copies of any content found on Grubs can lead to the termination of your Grubs account and may even subject you to further legal action beyond the termination of your membership. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless, indemnify and keep indemnified Grubs and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Bear in mind that some areas of Grubs are "public," like message boards, forums, or the Member Directory, and other members will have access to your posted material and might copy, modify or distribute it. By submitting or posting content there, you are representing that you are the owner of such material or have authorization to distribute it. Once you post content on Grubs, you expressly grant Grubs the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere.
3. GRUBS SOFTWARE LICENCES
Grubs provides you with a limited licence to use our software, which you agree to use in accordance with these rules. You may not sub-licence, or charge others to use or access, our software without first obtaining written permission from Grubs. Grubs will occasionally provide automatic upgrades to improve your online experience, and Grubs employ virus-screening technology to assist in the protection of our network and our members. Grubs reserves the right to terminate accounts that are inactive for an extended period of time.
Grubs grants to you a non-exclusive, limited licence to use Grubs software to connect to Grubs from authorised locations in accordance with this agreement. This licence is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from Grubs software. You may not modify Grubs software or use it in any way not expressly authorised by this Agreement. You understand that Grubs introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Grubs may vary depending on your computer and other equipment.
4. WARRANTY
Member expressly agrees that the use of Grubs, Grubs software, and the Internet is at member's sole risk. Grubs, Grubs software, Grubs products, third-party virus checking Technology and the Internet are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Grubs does not guarantee that members will be able to access or use the service at times or locations of their choosing, or that Grubs will have adequate capacity for the service as a whole or in any specific geographic area. Grubs entire liability and our exclusive remedy with respect to the use of any software provided or used by Grubs shall be the replacement of any Grubs software found to be defective, unless Grubs liability is legally incapable of being limited in this manner, in which case Grubs liability will be limited to the maximum extent permitted by law. Your sole and exclusive remedy for any other dispute with Grubs is the cancellation of your account as detailed below in section 7. In no case shall Grubs be liable for consequential damages arising from your use of Grubs, the Internet or for any other claim related in any way to your membership with Grubs. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Grubs liability will be limited to the maximum extent permitted by law. Grubs does not endorse, warrant or guarantee any product or service offered through Grubs and will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products or services.
5. INDEMNIFICATION
Upon a request by Grubs, you agree to defend, indemnify, hold harmless and keep indemnified Grubs and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including legal fees, that arise from a breach of this Member Agreement for which you are responsible or from the use of Grubs, or in connection with your transmission of any Content on Grubs. Grubs reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by a Member. In that event, the member shall have no further obligation to provide indemnification for Grubs in that matter.
6. TERMINATION AND CANCELLATION
Either you or Grubs may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Grubs. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Grubs enforcement or application of this Agreement; (2) any policy or practice of Grubs, including Grubs Community Guidelines and the Grubs Privacy Policy, or Grubs enforcement or application of these policies; (3) the content available through Grubs or the Internet or any change in content provided through Grubs; (4) your ability to access and/or use Grubs.
You can cancel your membership by delivering notice to Grubs Customer Service Department by clicking here to notify us, Cancellation will take effect within 5 days of receipt of your request, and Grubs will send you a reply confirmation.
9. GRUBS PROGRAM USE
This part is to be read before downloading such content off the Grubs website. >>Me or the grubs website company does not hold any legal responsability for what you do with the programs, or any stuff that you download off my site. Please leave this page right now if you dont agree with this agreement. Download at your own risk, although I think almost all of the things you download are virus and pws free but I DO NOT promise. All these progs were uploaded by me, and I used them and test them, so they should be pws and virus free though. If you don't like anything on my site that you would like me to get rid of please CLICK HERE to notify me that you would like it taken off. Please explain why you would like it taken off and why it concerns YOU.
8. GRUBS LAW AND LEGAL NOTICES
The Member Agreement represents your entire agreement with Grubs. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. Grubs reserves the right to transfer, assign and/or novate the rights and obligations resulting out of this contract to a related company of Grubs without further notice to you.
You also understand and agree that the Grubs Community Guidelines and the Grubs Privacy Policy, including Grubs enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part 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 intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of Victoria govern this Agreement and your membership. As noted above, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Grubs or relating in any way to your membership or your use of Grubs resides in the courts of Victoria and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Victoria in connection with any such dispute including any claim involving Grubs or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree to abide by any Australian and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorisation. This assurance and commitment will survive termination of this agreement.
This member Agreement may be subject to applicable legislation, regulations and codes of practice.
This Grubs TOS document was last modified on the 18th of April 1999. It is a membership rule that you are to keep checking for updates to this page before using the Grubs service. I will notify members by e-mailing them if they have an e-mail address.
© Copyright 1999 Grubs.8m.Com
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