Terms of Service

IMPORTANT! READ CAREFULLY:

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS OF SERVICE ("SUBSCRIBER AGREEMENT" OR "AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU AND GOLGOTHA PRESS, INC. AND ITS SUPPLIERS AND LICENSORS (COLLECTIVELY, "GOLGOTHA PRESS"). BY YOUR CONTINUED USE OF THIS SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

1. Restrictions on Use:

All pages within this Website and any material made available for download (collectively the “Site”) are the property of Golgotha Press and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Golgotha Press. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Golgotha Press provides information via its "PiracyTrace", and “MyAlerter" Services (the "Services"). By completing the registration process and using the Services, you agree to be bound by all of the terms in this Agreement at all times.

In its sole discretion, Golgotha Press may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time. Additionally the terms may be found at http://www.piracytrace.com/terms. If you do not agree to be bound by the changes, you should not proceed to use the Services and should promptly exit this site. By continuing to use the Services after Golgotha Press has posted any such changes, you are agreeing to be bound by all of the changes. Please review these terms of service on a regular basis so that you are aware of any changes that are made.

2. Non-Affiliation:

Golgotha Press is not affiliated with any governmental or regulatory agencies and carries no formal legal authority. Golgotha Press makes no claims that use of the Services or inclusion of PiracyTrace or MyAlerter banners on a web page have any legal effects. Golgotha Press does not provide legal advice or make legal recommendations. Golgotha Press is not liable for any actions or decisions taken by anyone based on results obtained through use of the Services. Golgotha Press does not endorse any external websites or copyright lawyers linked from the PiracyTrace or MyAlerter site.

Golgotha Press is not responsible for use of the Services by others, nor does it certify the ownership of any content that the Services are used to protect.

3. Trademark and Copyright Notice:

MyAlerter and PiracyTrace are copyrights of Golgotha Press, Inc. All rights reserved. Golgotha Press actively protects all copyrights and trademarks of Golgotha Press or its affiliates. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

4. Limitations on Use:

Only one individual may access the Services during a specific time using the same username or password, unless otherwise agreed by Golgotha Press. The content available through the Services is the property of Golgotha Press and is protected by copyright and other intellectual property laws.

You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in the Services. In addition to any other remedies available in equity or law to Golgotha Press, failure to comply with any of the terms and conditions in this Agreement shall immediately terminate this Agreement and your ability to use the Services.

The Services include information, facts, views, opinions and recommendations. Golgotha Press does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse this information or these facts, views, opinions and recommendations.

IF YOU ARE USING A THIRD PARTY'S SOFTWARE TO RECEIVE THE SERVICES, THE USE OF SUCH SOFTWARE WILL BE GOVERNED BY THE LICENSING AGREEMENT ACCOMPANYING SUCH SOFTWARE. Any personal information you provide to such third party in connection with your use of their software is governed by that third party's privacy policy and terms of use.

5. Warranty Disclaimer:

Due to the sources from which content in the Services is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Services. The Services and all information provided by Golgotha Press are provided "as is". Use of the Services and any information received through it are entirely at your own risk.

NEITHER GOLGOTHA PRESS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS (FOR PURPOSES OF THIS PARAGRAPH ONLY, "GOLGOTHA PRESS") WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, RELEVANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICES. GOLGOTHA PRESS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH ITS WEBSITES. IN NO EVENT WILL GOLGOTHA PRESS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SERVICES. GOLGOTHA PRESS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT THE LIABILITY OF GOLGOTHA PRESS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICES OR THE CONTENT IN THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO GOLGOTHA PRESS FOR THE USE OF THE SERVICES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. 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 OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT GOLGOTHA PRESS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF DAMAGES OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Golgotha Press attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Golgotha Press so that it can be corrected. Information contained on the Site may be changed or updated without notice.

By using the Services, you understand that there may be copies of your site on the Internet or elsewhere which are not reported in the results. Golgotha Press is not liable for any omission or inclusion in the results provided by the Services. The Services use a search engine index to find copies of your site, so they may miss text contained in Flash animations, images such as JPEG and GIF, movies such as QuickTime, or other formats that are not picked up by search engines. The Services may also miss new text on the Web that has not yet been indexed. We are continually working on improving the search functionality.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Golgotha Press.

6. Confidential and Proprietary Information:

You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify Golgotha Press immediately of any unauthorized account use. Golgotha Press is not responsible in any way for any loss that you may incur as a result of any unauthorized use of your user account and password. You may not use the Services for any unlawful purpose or for any purpose other than as expressly authorized herein. Please review our Privacy Policy for more information.

7. Links or Pointers to Other Sites:

Golgotha Press makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Golgotha Press Website, please understand that it is independent from Golgotha Press, and that Golgotha Press has no control over the content on that Website. In addition, a hyperlink to a non-Golgotha Press Website does not mean that Golgotha Press endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

8. Indemnification:

Subscriber agrees to defend, indemnify and hold harmless Golgotha Press, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Services by Subscriber or Subscriber's account.

9. Fees and Payments:

If you are purchasing a PiracyTrace or MyAlerter subscription, it will renew and continue automatically, unless terminated by Golgotha Press or until you notify Golgotha Press of your decision to terminate your subscription by canceling your service on-line. If there are any annual, monthly, or other periodic fees for your subscription, you authorize Golgotha Press to automatically bill these fees to the credit card, depending on the type of charge card you designate during the registration process for the Services or subsequently designate at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins.

Golgotha Press outsources all online payment processing to Google Checkout or PayPal. Golgotha Press does not have access to credit card numbers and certain other payment information submitted to Google Checkout or PayPal as a result of the online payment process. You agree to provide Google Checkout or PayPal with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services. If you want to designate a different credit card or there is a change in credit card validity or expiration date, you must modify your credit card details.

If you believe someone has accessed the Services using your username and password without your authorization, you must inform Golgotha Press via the contact page. You must contact Golgotha Press via the contact page about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to Golgotha Press’s attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.

You also are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third party service. YOU, AND NOT GOLGOTHA PRESS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

10. Cancelation of Services By Subscriber:

You may cancel your subscription any time for any reason. If you wish to cancel a subscription period that you have already paid for, you must contact Golgotha Press on the contact page. If you have purchased a subscription, and you cancel within seven days of purchase, you have the right to receive a full refund of your subscription fee. If you have purchased a subscription, and you cancel at any time after the seven day period, you will not receive a refund for the period in which you cancel, but you will not be billed for any renewal periods. In the event you cancel after the seven day period, and you are not eligible for a refund under the terms of this Agreement, you will still receive access to the Services for the balance of that period for which you have paid. Other than as explicitly set forth in this Agreement, all payments are non-refundable. All subscriptions start the day you order the Services (and such day is included in the calculation of the termination periods). All cancellation dates will be the date that your cancellation notice is received. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with Golgotha Press. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or the enforcement or application of this Agreement; (2) any policy or practice of Golgotha Press, including any Golgotha Press Privacy Policy, or Golgotha Press's enforcement or application of these policies; (3) the content available through the Services or the Internet or any change in content provided through the Service; (4) your ability to access and/or use the Services; (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

11. Cancellation of Services by Golgotha Press:

Golgotha Press may discontinue, terminate or change the Services, or its availability to you, at any time, for any reason. You may only receive the Services if you are a subscriber in good standing with a valid, authorized credit card on file with Google Checkout or PayPal, or if you are in the trial period of the Services. Except as expressly provided herein, all payments are completely non-refundable. If Golgotha Press terminates or discontinues your subscription with cause (for example, due to your breach of this Agreement), you will not receive any refund or partial refund for any charges already billed to your account, and Golgotha Press reserves all other rights available to it for such breach. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Golgotha Press. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

12. Choice of Law and Venue:

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees.

In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

13. Entire Agreement:

These Terms and Conditions constitute the entire agreement between Golgotha Press and you pertaining to the subject matter of this Agreement.

14. No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to Golgotha Press that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.