Terms and Conditions of Use
Please read these Terms and Conditions Of Use carefully before using this site. By using this site, you signify your agreement with these Terms and Conditions Of Use. The Works, reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions Of Use at any time, and you agree to be bound by such modifications, alterations or updates.
Trademarks, Copyrights and Restrictions
This site is controlled and operated by The Works. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by The Works, or by other parties that have licensed their material to The Works, (“Copyrights”). Material from gearedforfun.com or any Web site owned, operated, licensed or controlled by The Works, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms and Conditions of Use Agreement, the use of any such material on any other Web site or networked computer environment is prohibited.
The Works, is very respectful of the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to the sites created by The Works. However, certain non-personal information of visitors is recorded by the standard operation of The Work’s Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor’s Internet service provider (e.g., America Online, Earthlink). By having this information, Web pages optimized for a particular visitor’s computer are automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to The Works, Inc., only when voluntarily submitted. Personally identifiable information that may be collected in connection with visitors voluntarily filling out entry forms or subscribing to newsletters is retained by The Works, Inc., and not sold or rented to others. This information is used to better understand visitors’ use of our sites and to support transactions made on the sites. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. The Works sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters and/or messages. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter.
To the extent that any of our sites accessible through The Works, Inc., has additional practices, these practices will be explained at that site.
A Special Note for Parents concerning Privacy
On sites specifically designed for children, The Works, Inc., makes a special effort to encourage children to consult with their parents before furnishing data. However, The Works, believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the “Consumer Assistance” page of the Direct Marketing Association home page (www.the-dma.org).
The Works, whether or not affiliated with sites which may be linked to this site, is not responsible for the content of such sites (“Linked sites”). The Linked sites are for visitor’s convenience only and you access them at your own risk.
The materials in The Works Web sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, The Works, Inc., disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Works, does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that The Works Web sites or the server that makes them available are free of viruses or other harmful components. The Works, does not warrant or make any representations regarding the use or the results of the use of the materials in The Works Web sites in terms of their correctness, accuracy, reliability, or otherwise. Visitors (and not The Works) 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 visitors. The material that visitors read in The Works Web sites is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site (“Forums”) are not necessarily those of The Works, or its affiliated or related entities or content providers and The Works, makes no representations or warranties regarding that information or those opinions. Furthermore, neither The Works, nor its affiliated or related entities or its content providers is responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in The Works Web sites.
The materials in The Works Web sites may contain forward-looking statements that involve assumptions regarding Company operations and future prospects. Although the Company believes its expectations are based on reasonable assumptions, such statements are subject to risk and uncertainty, including, among other things, certain economic conditions, competition, development factors and operating costs. Caution should be taken that these factors could cause the actual results to differ from those stated or implied in The Works, Web sites.
Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of The Works, throughout the universe and The Works, shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When visitors submit material to The Works Web sites, visitors agree that The Works, has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
The Works, is not responsible for any material posted on its Forums. Visitors shall not submit or otherwise publish through such Forums any content which:
a. ibels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening;
b. infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;
c. violates any law;
d. advocates illegal activity; or
e. advertises or otherwise solicits funds or is a solicitation for goods or services; (collectively “Non-Approved Material”).
Visitors agree to indemnify The Works, and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from visitors’ breach of any of the foregoing agreements, representations, and warranties.
For The Works Web sites which can be accessed through AOL, all AOL guidelines regarding appropriate online behavior will be enforced.
Unless otherwise specified, the materials in The Works, Web sites are presented solely for the purpose of entertainment and promoting programs, services and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by The Works, from its offices within the State of Texas, United States of America. The Works, makes no representation that materials in The Works Web sites 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.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such state. Any action visitors, any third party or The Works, bring to enforce, in connection with this agreement or any matters related to this site shall be brought only in either the state or Federal Courts located in Dallas, Texas, and visitors expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by The Works.