Warranties and Representations
By submitting Your Work for publication, You warrant and represent that the Work is complete and YOU:
are the owner of the rights herein granted;
have not assigned, pledged, or encumbered such rights or have not entered into any agreement which would conflict with the rights granted to Gamas;
have full right, power, and authority to enter into this Agreement and to grant the rights granted herein;
affirm that the work is not a public domain work.
You further warrant that the Work contains no materials which:
violate any right of privacy, which are libellous or which violate any personal right or other right of any kind of any person or entity, including but not limited to publishing a person’s private email address without his/her permission;
infringe upon any copyright, trademark or other proprietary right;
violate state and federal laws advocate hateful, discriminatory or racist views or actions toward others;
advocate illegal activities;
advocate the use of Private Label Rights content to make money on the Internet, or the modification of such content for the creation of Internet content;
contain images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals;
contain graphic images of persons involved in sex acts, and does not include children or underage minors engaged in sexual acts or situations, witnessing such situations, considering sexual acts, or thinking about sexual acts.
Infringement of Rights
Gamas takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an infringed party. It is Your responsibility to secure permissions to the Work prior to the time You submit such work if any material from the work belongs to, or has been licensed to, someone else.
Indemnification. You agree to indemnify and hold Gamas, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Work You provide or approve for publication,(b) Your use of the Gamas Web Site (gamasbooks.com), or (c) Your breach of these Terms of Service. Upon receiving notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with or contrary to any of the warranties or representations, Gamas shall have the right to withhold any sums payable to You in reasonable amounts as security for the payment of the Your potential obligations.
YOU AGREE THAT YOUR USE OF THIS WEB SITE OR SOFTWARE SHALL BE AT YOUR SOLE RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE’S CONTENT, ITS SOFTWARE OR THE CONTENT OF ANY SITES LINKED TO THIS WEB SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE OR SOFTWARE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SOFTWARE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OR SOFTWARE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Gamas, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL Gamas, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SOFTWARE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SOFTWARE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO CASE SHALL Gamas OR ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN DELIVERY OR AVAILABILITY DELAYS, MIS-PRICING, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is Your responsibility to monitor retailer listings and report errors to Gamas, in which case Gamas on a reasonable efforts basis will strive to work with the retailer to correct the error. In the event that Gamas is found liable for any damages, for any reason whatsoever, You hereby expressly agree that, in no event will Gamas liability to You exceed the amounts collected by Gamas for the Work in question. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.
Gamas reserves the right with or without notice to You at any time to change, modify or discontinue any service, product or a portion or attribute thereof, or the offering of any information, content, product or service. We shall have no liability to any user or any third party should we modify or discontinue service.