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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE THAT YOUR USE OF THE SITE WILL BE GOVERNED BY THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE OR THE SERVICES OFFERED BY THIS SITE.

Gray Productions Software, Inc., (“GPS”) provides services for electronic newsletter administration and publishing by third-party newsletter providers (“Publishers”) through Subinterest at the web domain http://subinterest.com/ (the “Site”). The Site provides a medium for purchasing Subinterest services, viewing Subinterest information and hosted newsletters, and various related functions.

This page sets out the terms and conditions ("Terms and Conditions") which will govern your use of the Site and compliance with the Terms and Conditions is a condition to your use of the Site. GPS reserves the right to modify these Terms and Conditions at any time, so you should review this page often. GPS provides notice of changes to the Terms and Conditions by posting the revised Terms and Conditions on the Site, together with the date the Terms and Conditions were last updated. Modifications will be effective immediately upon posting. Your continued use of this Site or registering for any Subinterest service indicates your agreement to be bound by the Terms and Conditions, as then in effect. If you do not agree to be bound by the Terms and Conditions, promptly exit this Site. If you have any questions regarding these Terms and Conditions, please email your questions to admin@subinterest.com.

User Information. By accessing this Site, you represent and agree that (1) you are bound by these Terms and Conditions, and (2) you have read our Privacy Policy and consent to the use of your personal information by GPS and others in accordance with the terms of, and for the purposes set forth in, the Subinterest Privacy Policy.

Ownership and Copyright. All pages within this Site and any material made available for download are the property of GPS, its subsidiaries, affiliates, or Publishers. The materials provided through the Site, including but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Site, as well as the organization and layout of the Site, may be copyrighted and protected by United States and international copyright laws and treaty provisions. Any ownership or use rights not expressly granted herein are reserved. Your access or membership to the Site, including password-protected access, does not transfer any ownership rights to any content, document or other materials viewed through the Site. All software used on this Site is the property of GPS or its software suppliers and is protected by United States and international copyright laws. You may access, download and print materials on the Site solely for your personal, non-commercial use. Any printing of the Site, or portions of the Site, must include the copyright notice appearing with the materials. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another site, use on any other site, transfer or sell any information obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of Site users or other information. Any trademarks and/or service marks used or displayed on the Site are either trademarks or service marks or registered trademarks or service marks of GPS or a Publisher. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the trademark or the service mark. The contents of newsletters provided by Publishers belong solely to the Publisher, and may not be copied, distributed, modified, or used, in whole or in part, without the express written consent of the Publisher.

Site Content and Use Restrictions. GPS does not pre-screen content transmitted or published on the Site by Publishers or Site users. GPS reserves the right to monitor and restrict any transmission or publication, but GPS does not monitor, review, or restrict prior to transmission or publication content that may violate the Terms and Conditions or applicable laws, rules and regulations, nor does GPS ensure editing or removal of content that does or could violate the Terms and Conditions or applicable laws, rules and regulations. Therefore, GPS accepts no responsibility for content published on the Site or any goods, services, or related offers or links provided through the content on the Site. GPS does not endorse, warrant or guarantee any Site content, goods or services.

GPS prohibits the use of this Site for any illegal or patently offensive activity. GPS, in its sole discretion, may determine what constitutes patently offensive activity. This includes, without limitation: (a) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to minors; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses and email addresses without their consent; (e) engaging in activity, submitting materials, or promoting information that is false, misleading or promotes illegal activities, or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting materials that display pornographic or sexually explicit content of any kind; (h) submitting materials that provide instructional information about illegal activities; (i) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware; (j) engaging in activities or submitting materials that solicit passwords or personally identifiable information from other users for unlawful purposes; (k) engaging in unauthorized commercial activities and/or sales without the prior written consent of GPS, such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) providing content that violates the intellectual property rights of the lawful owner, including, without limitation, publishing copyrighted content without the owner’s express written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, or disassembling any of the Site’s software or attempting to do so; (o) taking any action that imposes an unreasonable or disproportionately large load on the Site or Subinterest 's hardware and software infrastructure or that of any of its licensors or suppliers; (p) selling or promoting any products or services that are unlawful in the location at which the content is posted or received; or (q) using the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use or enjoyment of the Site.

Confidential Access. You agree to maintain the confidentiality of passwords to access any part of the Site and to be responsible for any use made of your password, whether authorized or unauthorized.

License; Restrictions on Use. GPS hereby grants you a limited, nonexclusive, revocable, and non-transferable license to use and access the Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices, and pursuant to the requirements and restrictions of the Terms and Conditions. If you have paid for password protected access to become a “Subscriber” to the Site, right to access the Site is personal to the individual whose name appears in the first and last name field of the order form and it may not be shared with or used by any other individual or entity. You may not frame or utilize framing techniques to use, surround or enclose any GPS name, trademark, service mark, logo, or other proprietary information (including images, text, page layout, or form) of GPS and/or its affiliates or subsidiaries without the express written consent of GPS. You may not use any meta tags or any other "hidden text" utilizing the Subinterest name or trademarks without the express written consent of GPS. As a condition of your use of this Web site, you warrant to GPS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site immediately and automatically terminates.

Ownership of User Submissions. Please refer to our Privacy Policy for an explanation of how we collect, maintain and use confidential and proprietary information from visitors to and users of our Site. By accessing, using or browsing this Site, you acknowledge and understand that you have read, understand, and agree to be bound by our Privacy Policy. If you do not agree with our Privacy Policy, do not use this Site. All user information, remarks, suggestions, ideas, graphics, or other information communicated to Subinterest through this Site will forever be the property of GPS and may be used by GPS for any commercial or other purpose whatsoever, without compensation or liability to you or any other person.

Amazon Payments. Subinterest uses third-party payment processor Amazon Payments, Inc. to process payments by Subscribers and payments to Publishers. When purchasing products or services, Subscribers will be redirected to the Amazon Payments site for processing. All processing related issues and policies are established by Amazon Payments and subject to Amazon Payments’ User Agreement. You agree that all matters pertaining to payment processing, including, without limitation, fees, payments, refunds, disputes and payment related questions or issues arising out of or related to your use of Amazon Payments, or occurring while you are away from the http://subinterest.com/ domain, will be directed to Amazon Payments, and that Amazon Payments’ User Agreement and the policies set forth therein will govern all such matters.

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. GPS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND ANY SITE-RELATED SERVICES, ARE PROVIDED "AS IS," AND "AS AVAILABLE" WITH ALL FAULTS. GPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

GPS SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. GPS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE.

GPS DOES NOT WARRANT THAT ANY FILES IT MAKES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT GPS SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET, INCLUDING ANY SITE- RELATED SERVICES AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION PROVIDED BY GPS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

Violations; Release of Information. GPS reserves the right, in its sole discretion and without liability to you, to change, suspend, or terminate your access to all or part of this Site or discontinue any aspect of the Site, with or without cause, and with or without notice. You agree that monetary damages may not provide a sufficient remedy to GPS for violations of these Terms and Conditions and you consent to injunctive or other equitable relief for such violations without the requirement that GPS post bond. You agree that GPS may release user information about you if GPS has a good faith belief that such release is required by law or subpoena. GPS is not required to provide any refund to you if you are terminated as an authorized user of the Site or any portion thereof pursuant to this section.

Limitation Of Liability Regarding Use Of Site. GPS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, SOFTWARE, CONTENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR ACCESS OR INABILITY TO ACCESS OR PUBLISH TO THE SITE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION; TEMPORARY OR PERMANENT FAILURE OF THE SITE TO OPERATE; OR COMPUTER VIRUSES. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY TO YOU BY GPS AND ITS RESPECTIVE THIRD PARTY PUBLISHERS FOR ANY CLAIM EXCEED THE GREATER OF THE AMOUNT YOU PAID TO ACCESS THE SITE IN THE MONTH PRECEDING THE CLAIM GIVING RISE TO LIABILITY OR TWENTY DOLLARS ($20.00). THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

Indemnification. YOU AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD GPS, AND ITS RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DEMANDS, DAMAGES, LIABILITIES, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO: (A) THE MATERIALS YOU PROVIDE, (B) YOUR USE OF THE SITE OR YOUR RELIANCE ON THE CONTENT, REGARDLESS WHETHER SUCH CONTENT IS PROVIDED BY SUBINTEREST OR A PUBLISHER, AND (C) YOUR BREACH OF THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT GPS MAY, FROM TIME TO TIME, USE INDEPENDENT CONTRACTORS IN ORDER TO PROVIDE SITE ACCESS AND SERVICES, AND THAT GPS IS NOT RESPONSIBLE FOR THE ACTS OF SUCH INDEPENDENT CONTRACTORS.

Representations and Warranties. You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit any of the materials which you submit to the Site and such materials do not violate these Terms and Conditions, (b) such materials are accurate, current and complete, (c) such materials and your use of the Site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Site shall not violate any applicable law or regulation, or cause injury to any person; and (e) your use of the Site shall not violate any agreements between you and a third party.

Accuracy and Integrity of Information. Although GPS attempts to ensure the integrity and accuracy of the Site and Site content, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. The Site may include typographical errors, inaccuracies or other errors, and unauthorized additions, deletions and alterations may be made to the Site by third parties. If you become aware of inaccurate information on the Site, please inform Subinterest so that it can be corrected. Information contained on the Site may be changed or updated without notice.

DMCA Policy. Pursuant to the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding the Site: James Gray, Gray Productions Software, Inc., 513 Cinnamon Drive, OK 73003; tel. (405) 285-0536.

If you believe any service or user content available through the Site infringes a copyright, please provide the following information to the person identified above in accord with the provisions of 17 U.S.C. § 512:

  1. A physical or electronic signature of the copyright owner or authorized agent;
  2. Identification of the copyrighted work(s) claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of the 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 regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
  5. A statement that the copyright owner or its authorized agent 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 made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links to Other Sites. The Site may contain references and/or links to third party web sites. GPS makes no representations whatsoever about any other web site that you may access through this Site, nor does GPS have any control over content. Links to non-Subinterest sites do not mean that GPS endorses or accepts any responsibility for the content, or the use, of the linked site. The decision to visit, use or download from linked sites comes with risks from viruses, worms, Trojan horses, and other destructive applications, and you do so entirely at your own risk.

Advertising. The Site may contain advertisement and/or sponsorship. The advertisers and/or sponsors that provide these advertisements and sponsorship are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. GPS is not responsible for the acts or omissions of any advertiser or sponsor.

International Use. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with all applicable laws. GPS makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where Site content is illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, without limitation, any United States export laws and regulations.

Miscellaneous; Forum Selection. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflicts of law provisions. You acknowledge and agree that jurisdiction over and venue of any suit related to or arising from these Terms and Conditions or other use of this Site shall be exclusively in the State and Federal courts sitting in Oklahoma County, Oklahoma. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party shall be entitled to recover, and the non-prevailing party shall pay to the prevailing party, reasonable attorneys' fees. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision of these Terms and Conditions will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms and Conditions will continue in full force and effect. Any failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions. These Terms and Conditions constitute the entire agreement between GPS and you regarding the subject matter hereof. Nothing in these Terms and Conditions shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. In the event of any conflict between these Terms and Conditions and any separate written agreement between you and GPS, the terms of the written agreement shall control. These Terms and Conditions consist of a series of separate covenants. You agree that if any portion of the covenants outlined in these Terms and Conditions is held to be unreasonable, arbitrary or against public policy, then such covenants shall be considered divisible with respect to scope, time and geographical area.

Effective Date of these Terms and Conditions: August 25, 2011.

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