Terms and Conditions

TERMS OF USE

Effective Date: August 2,  2016

Welcome to the GarySinise.com website (the “Site”). Your use of the Site is governed by these Terms of Use, which constitutes a  legal contract.   Please read these Terms of Use carefully.  If you do not agree to these Terms of Use, please cease using the Site. 

This Site is intended solely to provide users with information about Mr. Sinise. 

CHANGES AND UPDATES

We reserve the right to change and update these Terms of Use at any time in our sole discretion. For example, we may amend these Terms of Use to incorporate additional rules and policies we may establish from time to time, and/or to comply with or adopt any changes in law or industry practices.  If we make changes and updates to these Terms of Use, we will announce and post such changes and updates on the Site for the general public.  If you have provided your email address to us, we may also notify you of such changes and updates via email.  By continuing to use the Site after such notice, you signify your affirmative consent and agreement to all changes and updates of which you have been given notice.

ELIGIBILITY

This Site is hosted and operated from the United States.  Use of the Site is void where prohibited by law.  By using the Site, you represent and warrant that you will not use the Site in violation of any applicable law or regulation or these Terms of Use.  Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions.  No one under the age of 13 may use the Site.

INTELLECTUAL PROPERTY

All content and material residing on and/or associated with the Site, including, without limitation, text, literature, newsletters, publications, articles, editorials, images, photographs, graphics, artwork, animations, audios, videos, audiovisual material, software programs, user interfaces, social media applications and plug-ins, and all design, layout, and “look and feel” elements of the Site (collectively “Content”), belong is owned by us or our licensors, and is protected by U.S. and international copyrights.  You may access and use the Site and Content for PERSONAL AND NON-COMMERCIAL USE ONLY, including downloading, printing, and storing for your own personal and non-commercial use copies of Content that has been made available for download and print, and sharing such copies with families and friends for their own personal and non-commercial uses; provided that:

(1) you do NOT remove, delete, alter or tamper with any copyright, trademark, or other proprietary notices appearing on or within the Site or any Content; and (2) you do NOT alter, modify, edit, or create derivative works from the Site or any Content.  Except as expressly authorized by these Terms of Use or otherwise in writing by us, any reproduction, display, performance, distribution, use or exploitation of the Site or any Content, whether for commercial purposes or otherwise, is expressly and strictly prohibited.

(2)  OTHER THAN THE LIMITED PERSONAL AND NON-COMMERCIAL USE GRANTED HEREUNDER, NO PERMISSION TO USE THE CONTENT, INCLUDING ANY MATERIALS RELATED TO MR. SINISE OR HIS VARIOUS PROJECTS IS PERMITTED.

Notification of Copyright Infringement Claims. If you believe that your copyright has been infringed by any User Material or Content on the Site, please notify us in writing:

Gary Sinise Foundation
PO Box 50008
Studio City, CA 91614-5001 

Attn:  Executive Director 

To enable us to investigate your alleged infringement or violation, please include the following in your notice:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate claims of copyright infringement upon receipt of proper notice and will take appropriate actions we believe are required or permitted by law.

Please be aware that, under applicable law, anyone who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, may be liable for damages to those who are injured by such misrepresentation.

RESERVATION OF RIGHTS

Your use of the Site is a privilege, and NOT a right.  Accordingly, we expressly reserve the following rights:

(1)    the right to suspend, revoke and terminate your privilege to use the Site at any time and with or without notice, should we believe that you are violating these Terms of Use or any applicable law, including copyright;
(2)   the right to investigate any violation or suspected violation of these Terms of Use and cooperate with law enforcement authorities and/or third parties in such investigation.

PROHIBITED CONDUCT

You may NOT make any illegal, unlawful, abusive, harmful or improper use of the Site or any Content, or do anything that interferes with other users’ access and use of the Site or any Content.  Without limitation to the generality of the foregoing, you are expressly and strictly prohibited from: (1) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with the Site or any system, network or server associated with the Site; (2) making unauthorized access (including access that exceeds the scope of authorization) to the Site or any system, network or server associated with the Site, or to any user account on the Site; and (3) using any automated programs, tools or processes (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any system, network or server associated with the Site, or to extract, collect, harvest or gather any Content from the Site.

THIRD PARTY WEBSITES

For your convenience, the Site may contains links to third-party websites.  Such linked third-party sites are not owned, controlled, operated or maintained by us.  Accordingly, we are not responsible for the content, products, services, policies or activities of such linked third-party sites.  The inclusion of any link or reference to a third-party site does not constitute or imply Gary Sinise’s or our endorsement, sponsorship,  approval of, affiliation or association with, such third-party site or its content, products, services, views, opinions, policies or activities.

LINKING TO OUR SITE

You may only link to the homepage of the Site, provided that: 

(1) your linking is conducted in a truthful and non-misleading manner, and you do NOT misrepresent or falsely suggest that your website, or any of your content, products, services, views, opinions, policies or activities, is endorsed, sponsored or approved by, or is otherwise affiliated or associated with Gary Sinise or us.
(2) your link must be a text-only link to the home page of the Site.  No commercial use of the Gary Sinise name Is permitted together with a link without his prior written approval. 
(3) you do NOT publish false, misleading or inaccurate information about, or otherwise disparage us, Gary Sinise, or the Site;
(4) you do NOT frame or otherwise create a browser or border environment around, or make deep linking, in-line linking or similar forms of linking to, the Site or any page of the Site or any Content; and
(5) you do NOT link to the Site from any adult or sexually oriented website;
(6)  you otherwise comply with these Terms of Use and applicable law.

  
We reserve the right to rescind your privilege to link to the Site at any time in our sole discretion.  You agree that upon our request , you agree to immediately remove any link to the Site. 

DISCLAIMERS

THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT.  WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT: (1) THE SITE AND ALL CONTENT ON THE SITE WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) RESULTS OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING, WITHOUT LIMITATION, RESULTS OF ANY SEARCHES PERFORMED ON THE SITE) WILL BE RELIABLE; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (4) YOUR USE OF THE SITE OR ANY CONTENT ON THE SITE WILL NOT INFRINGE THIRD-PARTY RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

NO LIABILITY

IN NO EVENT SHALL WE, GARY SINISE, OR ANY OF OUR/HIS  EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, ADVISORS OR VOLUNTEERS (“PROTECTED ENTITIES”) BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, SALES OR PROFITS) RESULTING FROM (1) YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY CONTENT ON THE SITE OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER RELATING TO THE SITE OR ANY CONTENT ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ALL CONTENT ON THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE ANY OF THE PROTECTED ENTITIES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY SUCH DAMAGES OR LOSSES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless from and against any and all claims made by, and any and all damages and judgments (including reasonable attorneys’ fees) awarded to, any third party due to or resulting from: (1) your misuse of the Site or any Content; (2) your violation of these Terms of Use or any applicable law; or  (3) your breach of any of your representations and warranties set forth herein. 

GOVERNING LAW

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The parties agree that, exclusive venue with regard to any claim related to the use of this Site shall be in courts of competent jurisdiction sitting in Los Angeles County, California. 

MISCELLANEOUS

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between us concerning your use of the Site.  If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be unlawful, invalid or unenforceable, it will not affect the validity and enforceability of the remaining provisions.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

CONTACT US

If you have any questions regarding the Site or these Terms of Use please contact us at:

gsinise@gsproductions.com



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