gantthead.com User Agreement

USER AGREEMENT

IMPORTANT: READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GANTTHEAD.COM, INC. ("GANTTHEAD") REGARDING THE GANTTHEAD.COM WEB SITE (THE "WEB SITE"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THE WEB SITE. BY REGISTERING AS A USER OF GANTTHEAD.COM, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. YOU ARE PERMITTED TO USE, REPRODUCE, AND DISPLAY MATERIALS ON THE WEB SITE AS SET FORTH BELOW ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS USER AGREEMENT (THE "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY BEFORE CONTINUING REGISTRATION. IF YOU CLICK THE "YES" BUTTON YOU INDICATE YOUR AGREEMENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CLICK THE "NO" BUTTON TO EXIT REGISTRATION, AND DO NOT USE THIS WEB SITE. THE USE, REPRODUCTION, OR DISPLAY OF ANY MATERIALS ON THE WEB SITE BY YOU OR A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

USE OF MATERIALS

All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, templates, and services ("Materials"), are provided either by gantthead and/or by its respective third party sponsors, manufacturers, authors, developers, and vendors ("Third Party Providers") and are the copyrighted work of gantthead and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of gantthead and/or the appropriate Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without gantthead's prior written consent.

Except as expressly provided otherwise by gantthead, nothing on this Web Site shall be construed to confer any license to any of gantthead's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by gantthead. gantthead does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by gantthead.

gantthead hereby grants you permission to use, reproduce, and display gantthead's Materials on this Web Site provided that (1) the copyright notice identified in the following paragraph appears on the Materials and reproduced portions of the Materials in footnote or other form; (2) the use, reproduction, and display of such Materials is solely for your own informational use and will not be distributed, provided, or displayed to third parties other than gantthead users, posted on any networked computer, or publicly broadcast in any media; (3) such use, reproduction, and display is only in accordance with the documentation, instructions, and other restrictions regarding the Materials; and (4) the Materials are not in any way commercially sold, transferred or reproduced. In addition to (2) above, the use, reproduction, and display of premium content shall not be distributed, provided, or displayed to third parties other than premium gantthead members. This permission terminates automatically without notice immediately upon breach of any of the terms of this Agreement by you or by any person or entity acting on your behalf. Upon termination, you must immediately destroy any downloaded or printed Materials.

Copyright (c) 1999-2011 gantthead.com, Inc. Reproduced by permission of gantthead.com, Inc.

The following uses of the reproduced materials are prohibited: (1) use, reproduction, and display other than to gantthead registered users, (2) posting on any networked computer or public broadcast in any media, (3) use, reproduction, or display other than in accordance with the gantthead user agreement and (4) commercial sale, transfer, or reproduction.

In the event you download software from this Web Site, the software, including any files, images incorporated or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by gantthead and/or its Third Party Providers. gantthead and/or its Third Party Providers do not transfer title to the Software to you. You own the medium on which the Software is recorded, but gantthead and/or its Third Party Providers retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Any unauthorized use of any Materials contained in this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

LINKS TO THIRD PARTY SITES

This Web Site may contain links to web sites controlled by parties other than gantthead. gantthead is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such sites. gantthead is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by gantthead of the linked web site, notwithstanding the inclusion on such site of the trademarks of gantthead and/or its Third Party Providers. It is your responsibility to take precautions to ensure that whatever materials you select for your use is sufficient for your purposes and is free of viruses or other items of a destructive nature.

FORUMS AND PUBLIC COMMUNICATION

"Forums" means a chat area, bulletin board, e-mail function or user network (i.e., "ganttFace") offered as part of gantthead. You shall not upload to, distribute through, or otherwise publish through gantthead any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. The Forums shall be used only in a noncommercial manner. You shall not, without the express written consent of gantthead, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

gantthead shall have the right, but not the obligation, to monitor the contents of the Forums to determine compliance with this Agreement and any operating rules of gantthead to satisfy any law, regulation, or authorized government request. gantthead shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted or posted on gantthead. Without limiting the foregoing, gantthead shall have the right to remove any material that gantthead, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Any opinions, advice, statements, services, offers, or other information or content expressed in Forums are those of the respective author(s) and not of gantthead. gantthead does not endorse, guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for a particular purpose. Under no circumstance shall gantthead be liable for any loss or damage caused by any information obtained through or posted on gantthead. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through gantthead.

By uploading materials to any Forum or submitting materials to gantthead, you automatically grant (or warrant that the owner of such rights has expressly granted) gantthead, whether in your name or not, a perpetual, royalty-free, irrevocable, transferable, fully-paid, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, transfer, and distribute such materials or incorporate such materials in any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that so-called "moral rights" in those materials have been waived.

By using the forums you acknowledge that

(a) gantthead cannot ensure the security or privacy of information that you provide through the internet and your email messages, and you release gantthead from any and all liability in connection with the use of such information by other parties;

(b) gantthead is not responsible for, and cannot control, the use by others of any information which you provide them and you should use caution in selecting the personal information you provide to others through the website; and

(c) gantthead cannot assume any responsibility for the content of the messages sent by other users and you release gantthead from any and all liability in connection with the contents  of any communications you may receive from other users.  We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users.

You may not use the forums for any unlawful purpose.  If you use this service unlawfully gantthead will pass along all information to law enforcement.  Gantthead may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us at our sole discretion.

Your right to use the site is subject to any limitations, conditions and restrictions established by gantthead from time to time, at our sole discretion.  We may alter, suspend or discontinue any aspect of the site at any time, include the availability of any feature, database or content.  Gantthead may also impose limits on certain features and aspects of the site or restrict your access to parts or the entire site without notice or liability.

USER CONDUCT

You understand that except for the advertising programs offered by gantthead on the site, the site and forums are available for your personal, non-commercial use only.  You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contains libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the forums or site to:

(a) harvest or collect email addresses or other contact information of other users from the Site or forums by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;

 

(b) use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

 

(c) use automated scripts to collect information from or otherwise interact with the Service or the Site;

 

(d) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, copyrights, trademark rights or the contract rights of any person;

 

(e) is hateful,  racially, ethnically or otherwise objectionable;

 

(f) contains nudity  excessive violence, or offensive subject matter or contains a link to an adult website;

 

(g) upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;

 

(h) include a photograph or video of another person that you have posted without that person’s consent;

 

(i) register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

 

(j) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

 

(k) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

 

(l) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

 

(m) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

 

(n) upload, post, transmit, share, store or otherwise make available content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

 

(o) upload, post, transmit, share 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;

 

(p) intimidate, harass or advocate the harassment of another;

 

(q) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

 

(r) use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.

 

(s) upload, post, transmit, share, store or otherwise make available content that, at the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

ADDITIONAL BENEFITS OF MEMBERSHIP

By registering for membership on gantthead.com in the United States, you are also requesting a free subscription to gantthead.mag. This subscription includes all issues published, including advertising supplements. You may cancel your free subscription at any time by updating your user profile on gantthead.com to indicate that you do not wish to receive gantthead.mag. gantthead reserves the right to cancel this subscription at any time or to require a subscription fee for the continued receipt of gantthead.mag. 

By upgrading to premium or corporate membership on gantthead.com, you are also requesting a free subscription to the Priority Access newsletter, to be delivered via e-mail. You may cancel your free subscription at any time by updating your user profile on gantthead.com to indicate that you do not wish to receive the Priority Access newsletter. gantthead reserves the right to cancel this subscription at any time.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A. YOU EXPRESSLY AGREE THAT YOUR USE OF GANTTHEAD IS AT YOUR SOLE RISK. NEITHER GANTTHEAD, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS WARRANT THAT GANTTHEAD WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GANTTHEAD, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH GANTTHEAD.

B. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OR CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GANTTHEAD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHER CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES, INCLUDING THEIR BREACH OF THIS USER AGREEMENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

D. IN NO EVENT WILL GANTTHEAD, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING GANTTHEAD, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE GANTTHEAD. GANTTHEAD, OR ITS AFFILIATES, OR THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON GANTTHEAD.

JURISDICTIONAL ISSUES

This Site is controlled and operated by gantthead from its offices within the Commonwealth of Virginia, United States of America. gantthead makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical/biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from gantthead, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

PRIVACY

gantthead respects your privacy. Please read our Privacy Policy at http://www.gantthead.com/Gantthead/privacy, which terms are incorporated herein by reference. By agreeing to this User Agreement, you are agreeing that your Personal Information may be used and disclosed as set forth in the Privacy Policy and consenting to the receipt of materials from gantthead and/or its Third Party Providers as set forth in the policy.

AUTOMATIC RENEWAL

Premium membership to gantthead will be automatically renewed annually unless such renewal option is declined by the user prior to the expiration date. If the annual renewal is not declined, gantthead will automatically charge the then-current premium membership renewal fee to the same credit card as the original transaction. A reasonable attempt shall be made to notify the user via e-mail at least ten (10) days prior to the impending transaction. In the event the renewal transaction is unsuccessful, such membership shall be suspended until the user authorizes and pays for the premium membership renewal.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to Alphonse Valbrune, gantthead.com, Inc., 11911 Freedom Drive, Suite 900, Reston, VA 20190; (703) 272-6637; email Alphonse.Valbrune@headstrong.com.

GENERAL

This Web Site may include inaccuracies or typographical errors. gantthead and/or its Third Party Providers may make improvements and/or changes in the Materials and Services offered in this Web Site at any time without notice. gantthead may periodically make changes to the Web Site. The terms of this Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fairfax County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire understanding relating to the use of the Web Site and prevails over any prior or contemporaneous, conflicting or additional communications, including but not limited to statements on the Web Site. gantthead has the right to revise this Agreement at any time without notice by updating the Agreement posted to the Web Site. Any rights not expressly granted herein are reserved by gantthead.

COPYRIGHT AND TRADEMARK INFORMATION

All contents of this Web Site are Copyright (c) 1999-2011 gantthead.com, Inc. All Rights Reserved. The gantthead.com logo is a trademark and service mark of gantthead.com, Inc. All other trademarks, service marks and logos used in this Web Site are the property of their respective owners.

CONTACT INFORMATION

If you have any questions about this Agreement, please contact gantthead.com, Inc. Customer Support at (800) 895-2535 or gantthead.com, Inc.,11911 Freedom Drive, Suite 900, Reston, VA 20190

last updated: 12/05/2011