Terms of Use

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the commongate.com domain name, the "CommonGate Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF COMMONGATE'S PRIVACY NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the CommonGate Website.


1. Description Of Service

CommonGate is a web-based service that allows its users to create and update online themed communities (herein referred to as "CommonGate", or the "Service"). The Service may be used through a web browser or by the use of downloadable clients (the "Software"). Once registered with CommonGate, each user receives his or her own personal space to post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video (the "Content"). This Content may reside on CommonGate's servers or on the servers of a third party.


2. Basic Terms

  • You must be 13 years or older to use this site.
  • You are responsible for any activity that occurs under your screen name.
  • You are responsible for keeping your password secure.
  • You must not abuse, harass, threaten, impersonate or intimidate other CommonGate users.
  • You may not use the CommonGate.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  • You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ('Content') that you submit, post, and display on the CommonGate.com service.
  • You must not modify, adapt or hack CommonGate.com or modify another website so as to falsely imply that it is associated with CommonGate.com.
  • You must not create or submit unwanted email to any CommonGate members ('Spam').
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not, in the use of CommonGate, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your CommonGate account. While CommonGate prohibits such conduct and content on its site, you understand and agree that CommonGate cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the CommonGate service at your own risk. General Conditions

  • We reserve the right to modify or terminate the CommonGate service for any reason, without notice at any time.
  • We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  • The CommonGate service makes it possible to post images and audio hosted on CommonGate to outside websites. This use is accepted and even encouraged. However, pages on other websites which display audio and images hosted on CommonGate.com must provide a link back to CommonGate from each channel on CommonGate.


3. The Content

You agree to follow the following guidelines for posting Content on CommonGate:

  • All Content posted to CommonGate in any way, is the responsibility and property of the author. CommonGate is committed to maintaining the Service in a manner reasonably acceptable to all audiences but is not responsible for the monitoring or filtering of any journal Content. Within the confines of international and local law, CommonGate will generally not place a limit on the type or appropriateness of user content within journals. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the Content they have posted anywhere on the Service. Should Content be deemed illegal by such law having jurisdiction over the user, you agree that CommonGate may submit all necessary information to, and cooperate with, the proper authorities;
  • Should any Content that you have authored be reported to CommonGate as being offensive or inappropriate, CommonGate might call upon you to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as determined by the CommonGate staff. Should you fail to meet such a request from CommonGate staff, CommonGate may terminate your account. CommonGate, however, is under no obligation to restrict or monitor journal Content in any way;
  • CommonGate claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the CommonGate staff in protecting such Content. The user posting any Content represents that it has all rights necessary to post such Content (and for CommonGate to serve such Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations;
  • CommonGate reserves the right, without limitation except by law, to serve any user Content on the web, through the downloadable clients and otherwise. CommonGate also reserves the right, without limitation, to resell any portion of a user's CommonGate back to that individual;
  • You acknowledge that CommonGate does not pre-screen Content, but that CommonGate and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse to remove any Content that is available through the Service. Without limiting the foregoing, CommonGate and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, CommonGate reserves the right to limit access to your gate/s, if found in violation of the TOS, including without limitation the Member Conduct described below, by removing the journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding CommonGate's users.


2. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE COMMONGATE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMMONGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COMMONGATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMMONGATE WEBSITE. COMMONGATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMMONGATE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMMONGATE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


3. Limitation of Liability

IN NO EVENT SHALL COMMONGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMMONGATE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT COMMONGATE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


4. Copyright

  • We claim no intellectual property rights over the material you provide to the CommonGate service. Your profile and materials uploaded remain yours.
  • We encourage users to contribute their creations to the public domain.
  • CommonGate undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

If you are the copyright owner please follow these directions to submit a copyright infringement notice.


5. Indemnity

You agree to defend, indemnify and hold harmless CommonGate, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the CommonGate Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the CommonGate Website.


6. Revisions

CommonGate may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.