General Shale Brick, Inc. (“General Shale“) has created the General Shale Application (the “Application”), a mobile software application designed to enable creation of mock-up designs and visualizations using our products, and the website at generalshale.com (the “Website” or the “Site“) to provide information about our products.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR DOWNLOAD OUR APPLICATION. BY USING OUR APPLICATION OR BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE OR USE OUR APPLICATION.
1. Your Agreement. These Terms govern (i) your use of the Application and Website, (ii) your receipt of and participation in General Shale’s services offered through the Application (our “Services”), (iii) your provision of information in connection with using the Application (“User Content“); and (iv) your use of information obtained through the Application and Website, including (a) information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by General Shale or its licensors and made available to you through the Application or the Website (“General Shale Content”). Please read these Terms carefully; they impose legal obligations on you and on General Shale and establish our legal relationship. By using the Application or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
While you can visit the Website and review a range of information about General Shale, our products, and our Services without registering, to download and use the Application, we ask that you become a Registered User.
In addition, if you become a Registered User, during the registration process for your user name and password (and from time to time as we may require) you will be prompted to click/check an “I Accept” button/box, which further confirms your agreement to be legally bound by these Terms.
2. Obtaining a Password; Use of Your Password
2.1. Protecting Your Password. We may make the Application accessible only to users that have a password. If we do so, and if you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Application and your participation in the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner.
4. Grant of Rights to Registered Users
4.1. Grant of Rights to Site Visitors. Subject to Your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, display, and otherwise use the Website and General Shale Content solely for Your personal purposes, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the General Shale Content to any third party; (ii) modify or make derivative works based upon the General Shale Content; or (iii) reverse engineer, reverse compile, or access the General Shale Content in order to build a competitive product or service.
4.2. Grant of Rights to Registered Users. Subject to Your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website, Application and General Shale Content solely for Your personal purposes, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the General Shale Content or General Shale Application to any third party; (ii) modify or make derivative works based upon the General Shale Content or General Shale Application; or (iii) reverse engineer, reverse compile, or access the General Shale Content or General Shale Application in order to build a competitive product or service. You may access and view certain other password-protected areas of the Application as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the General Shale Application, General Shale Content or Services.
5. Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Application, Website or the General Shale Content, are the proprietary property of General Shale and its licensors and are protected by U.S. and international copyright and other intellectual property laws or are used under the principles of fair use. General Shale and its licensors retain all rights with respect to the Application, Website, Services and the General Shale Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Application, the Website and/or through the Services unless specifically authorized in writing by General Shale.
6. Registered User Comments/Feedback. Our Website and Application may allow Registered Users to provide comments or feedback regarding our Website, the Application and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website, the Application and our Services.
7. Code of Conduct. AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
- Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials — such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Website, the Application , or the Services or interfere with any other party’s use and enjoyment of the Website, the Application, and the Services, such as through sending “spam” email.
- Use the Website or the Application to test or reverse engineer the Website or the Application in order to find limitations, vulnerabilities or to evade filtering capabilities.
- Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means that we have intentionally not made available to you through the Website or the Application.
- Use the Website or General Shale Application for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
Although we have no — and assume no — obligation to monitor activities on the Website and the Application, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE APPLICATION OR SERVICES AT ISSUE.
9. Links to Third-Party Sites. The Website and the Application may also contain links or produce search results that reference links to third party websites (collectively “Linked Sites”). General Shale has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. General Shale does not endorse the content of any Linked Site, nor does General Shale warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
10. Warranty Disclaimer. GENERAL SHALE DOES NOT PROMISE THAT THE WEBSITE, THE APPLICATION, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE APPLICATION WILL PROVIDE SPECIFIC RESULTS FROM YOUR USE OF THE APPLICATION OR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE, THE APPLICATION, AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE AND THE APPLICATION, YOU DO SO AT YOUR OWN RISK. GENERAL SHALE DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE OR THE APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
GENERAL SHALE DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE AND/OR THE APPLICATION; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE OR THE APPLICATION, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, THE APPLICATION AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL GENERAL SHALE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE GENERAL SHALE WEBSITE, GENERAL SHALE APPLICATION AND RELATED SERVICES AND CONTENT.
12. Indemnity. You agree to defend, indemnify, and hold General Shale and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
13. Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Application or Website. Please feel free to print out a copy of these Terms for your records.
14. Assignment. These Terms shall not be assignable by you, either in whole or in part. General Shale reserves the right to assign its rights and obligations under these Terms.
16. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 5 (Ownership; Reservation of Rights)
Section 10 (Warranty Disclaimer)
Section 11 (Limitation of Liability)
Section 12 (Indemnity)
Section 14 (Assignment)
Section 15 (General)
Section 16 (Survival)
18. Contact Us. If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at:
General Shale Brick, Inc.
P.O. Box 3547
Johnson City, TN 37602
You may contact us, for any reason, by e-mail as follows: [email protected]
Effective Date: The effective date of these Terms Use is October 24, 2018.