Last Updated June 17, 2018
(Contains legal information, including the terms and conditions applicable to the Site. Please read this carefully.)
This Internet website is hosted and operated on behalf of Iron Mike Norton (“Artist”) by GFO LLC. The terms "GFO", “we”, “us” or “our” refer to GFO LLC. The terms “you” and “your” refer to you, as the user of the Site. The term “person” shall also be construed to include an entity/entities.
GFO provides access to this website (the “Site” or the “website”) and any related services provided hereon, are subject to your compliance with the following terms and conditions. These terms and conditions constitute an agreement between you and GFO ("Agreement" or the “Terms and Conditions”) that governs the relationship between you and GFO with respect to your use of the Site and the GFO, Inc online services. Thus, it is important that you read carefully and understand these Terms and Conditions.
TRADEMARK AND COPYRIGHT INFORMATION
All material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software are owned, controlled by, or licensed to GFO LLC, and/or Iron Mike Norton and are protected by copyright, trademark, and other intellectual property rights. Material on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Iron Mike Norton and the copyright owner in each instance. You may download material intentionally made available for downloading from the Site for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
GFO LLC has provided links and pointers to Internet sites maintained by third parties ("Third-Party Sites") and may, from time to time, provide third party materials on the Site. Neither GFO LLC, respective affiliates, nor Artist, its agents, affiliates, representatives, record label, or others working on its behalf operate or control in any respect any information, products, or services on these Third-Party Sites. The materials in the Site, the GFO LLC online services and the Third-Party Sites are provided "as is" and "as available" with no representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the Site, the GFO LLC online services and the Third-Party Sites.
GFO LLC, its affiliates, and its sponsors and Artist, its agents, affiliates, representatives, record label, or others working on its behalf are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Site, your use of the Site, the GFO LLC, online services, or any Third-Party Sites. Your sole remedy for dissatisfaction with the Site, the GFO LLC online services, and/or any Third-Party Sites is to stop using the website(s) concerned and/or those services. Neither GFO nor Artist, its agents, affiliates, representatives, record label, or others working on its behalf warrant that the functions contained in the Site, the GFO online services and/or any Third-Party Sites will be uninterrupted or error-free, that defects will be corrected, or that the Site or any Third-Party Sites, or the servers that make them available, are or will be free of viruses or other harmful components. Neither GFO NOR Artist, its agents, affiliates, representatives, record label, or others working on its behalf warrant or make any representations regarding the use or the results of the use of the materials on the Site, the GFO online services, or any Third-Party Sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
For the avoidance of doubt, neither GFO LLC nor Artist, its agents, affiliates, representatives, record label, or others working on its behalf make any representations or warranties regarding how often the materials or information posted on the Site will be updated (if at all) or the number or identification of the recording artists or other individuals (if any) that will be featured on the Site.
ACCESS FROM OUTSIDE THE UNITED STATES
The Site is directed to people residing in the United States. We do not represent that content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
VOID WHERE PROHIBITED
Although this Site may be accessible worldwide, not all products or services discussed or referenced on the Site are available to all persons or in all geographic locations. GFO reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in the Site is void where prohibited.
We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, "Forums"), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site ("User Content").
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content.
You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.
Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.
You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor's parent or legal guardian.
We will have the right (but not the obligation) to monitor the Site, the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.
If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
LICENSE TO GFO LLC
By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Site, you agree to (A) grant to GFO LLC its successors, licensees and assigns a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication, in each case including the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction, (B) absolutely and irrevocably waive in favor of GFO LLC and its successors, licensees and assigns, all moral rights in respect of any such communications, and (C) execute and deliver such further documents and do such further acts and things as GFO may request for the purpose of giving effect to the foregoing.
Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. If properly notified, we will promptly remove materials from the Site in accordance with the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Site the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your electronic or physical signature.
Please submit this information to us at:
Failure to include all of the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification and may result in your having to repeat some or all of the above process. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
GENERAL PRACTICE & LIMITS
You also acknowledge that the Site may establish general practices and limits concerning use of the Site, including without limitation, limiting the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on the Site servers on your behalf, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service (e.g., Usenet, email, web hosting), and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Site has no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Site, or for other content maintained or transmitted by the Site. You acknowledge that the Site reserves the right to log off accounts that are, or disconnect a session that is, inactive for an extended period of time. You further acknowledge that the Site reserves the right to change these general practices and limits at any time without advanced notice.
LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will the Site or GFO, Inc be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, even if the Site or GFO has been advised of the possibility of damages. This disclaimer of liability applies to any and all damages or injury from any cause. These include, without limitation, damages or injury caused by 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, tortuous behavior, negligence, or under any other cause of action.
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless GFO, Artist, its record label, and their respective affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation by you of these Terms and Conditions. GFO LLC and Artist reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
These terms and conditions are entered into in the State of Florida and shall be governed by, and construed in accordance with, the laws of the State of Florida and the laws of the United States of America applicable therein. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Florida. You agree and acknowledge that your use of the Site, and all transactions occurring in connection with the Site, shall be deemed to have occurred and taken place solely in the State of Florida, United States of America. You further agree as follows: (i) any claim brought to enforce these terms and conditions must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
GFO LLC may modify these terms and conditions from time to time. You agree to be bound to the modifications and should therefore periodically visit this page to review the current terms and conditions to which you are bound.
GENERAL CONTEST RULES
Except to the extent set forth in the specific rules for a particular contest, these general contest rules will apply to all contests (“Contests”) conducted through the Site. To the extent that the specific rules for a particular Contest differ from these general Contest rules, the specific rules for that particular Contest will govern and control the conduct of such Contest.
Contests are subject to all applicable laws and regulations and are void where prohibited. Odds of winning depend upon the how the Contest is conducted. For random drawings, the odds of winning will depend upon the number of entries received.
The Contest holder (“Sponsor”) and its respective employees, affiliates and subsidiaries, advertising and promotional agencies, suppliers of prizes, material and services related to the Contest shall be referred to collectively as “Sponsor and its Agents.”
Unless otherwise specified, each Contest entrant must be 18 years of age or older at the time of entry, and a legal resident of the United States, with the exception of Guam, Puerto Rico and all other U.S. territories and possessions and where prohibited by law.
Sponsor and its Agents reserve the right to cancel or modify the Contest if fraud, technical failures, or any other factor impairs the integrity of the Contest, or for any other reason or for no reason, as determined by the Sponsor and its Agents in their sole discretion. In such event, Sponsor and its Agents reserve the right to (but are not required to) award the prizes at random from among all non-suspect, eligible entries received up to the time of the impairment or cancellation. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify and/or suspend the Contest in the event of tampering or other circumstances, including but not limited to acts of God or civil disturbance that render it impractical or impossible to complete or fulfill the Contest as originally planned. By entering, you: (a) agree to release the Sponsor and its Agents from all liability, injuries, loss and/or damage of any kind arising from your participation in the Contest and the acceptance, possession and use/misuse of any prize; (b) agree to be bound by these Official Rules and the decisions of Sponsor and its Agents; and (c) give your express permission to be contacted by Sponsor and its Agents by email, mail or phone. By submitting an entry, you further consent to the use of your name, address, image, voice, likeness, statements, biographical material, as well as any additional photographic images, video images, portraits, interviews or other materials relating to you and arising out of your participation in the Contest (with or without using your name) in any media, whether now known or hereafter invented, throughout the world for any purpose whatsoever, without limitation, and without additional review, compensation, or approval from you or any other party (except if winner is a resident a jurisdiction where otherwise prohibited by law). If you are selected as a winner, prior to receiving the prize, you must agree to sign an affidavit to such effect, unless the winner is a resident of a jurisdiction where prohibited by law. Each winner is responsible for all federal, state and local taxes applicable to the acceptance and use of his/her prize. All applicable federal, state and local laws and regulations apply. The Contest is governed by laws of the United States and all claims must be resolved in the United States. You further agree that any and all disputes, claims and causes of action arising out of or connected with the Contest or any prizes awarded shall be resolved individually without resort to any form of class action, and must be settled by binding final arbitration to be held in Ocala, Florida, before a single arbitrator, pursuant to the commercial arbitration rules of JAMS, and governed exclusively by the laws of Florida. Should any of the provisions of the Contest rules be found to be invalid or unenforceable by any court of competent jurisdiction, that portion shall be deemed severed or restricted and the remainder of the Contest rules shall remain in full force and effect. The failure of Sponsor and its Agents to enforce any term of these rules shall not constitute a waiver of that provision.
You release, and agree to indemnify and hold harmless, Sponsor and its Agents, and their respective officers, directors, employees and agents (the “Released Parties”) from and against all claims (known and unknown), liabilities, injuries, death, loss and/or damages of any kind arising from your participation in the Contest or the acceptance, possession or use or misuse of the prize. You assume all risks associated with the Contest or use or misuse of the prize, and you agree that the Released Parties will not be responsible or liable for any injury, harm, death, damages, costs or expenses.
ORDERS FOR PRODUCTS AND SERVICES
We may make certain products available to visitors and registrants of the Site. You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. We reserve the right to cancel any order for any reason.
THIRD PARTY WEBSITES
You may be linked from the Site to third party websites ("Linked Sites"). For example, you may purchase products, some of which may be Artist products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code, legal compliance, or other materials presented on or through such websites.