Welcome to GoZonkers.tv, an educational and entertainment-oriented Web site (“GoZonkers.tv” or “this Site”) brought to you by GoZonkers Inc. (“GoZonkers”). Please read this Terms and Conditions of Use Agreement (“Agreement”) carefully before using GoZonkers.tv. By accessing this Site, you consent to these terms. If you do not agree to these terms of use, you are not authorized to use this Site, nor to download or use any material contained in it.

GoZonkers reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of this Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, GoZonkers grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Site.

USE OF MATERIALS
The Internet allows people to share valuable information, ideas and creative works. To ensure continued open access to such materials, the rights of those who share their creations must be protected. While GoZonkers makes this Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on this Site. The materials available through this Site (all text, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement on this Site) are the property of GoZonkers or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, noncommercial, or classroom (educational use) use information on this Site provided you keep intact all copyright and other proprietary notices. Except as expressly provided in this Agreement, no part of this Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without GoZonkers’ express prior written permission. Of course, you can encourage others to access the information for themselves on this Site, and tell them how to find it.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site. GoZonkers reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of this Site, or any other systems or networks connected to this Site or to any GoZonkers server, or to any of the services offered on or through this Site, by hacking, password “mining” or any other illegitimate means.

You may not prove, scan or test the vulnerability of this Site or any network connected to this Site, nor breach the security or authentication measures on this Site or any network connected to this Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to this Site, or any other customer of GoZonkers, including any GoZonkers account not owned by you, to its source, or exploit this Site or any service or information made available or offered by or through this Site, in any way where the purpose is to reveal any information, including, but not limited to personal identification or information, other than your own information, as provided for by this Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or GoZonkers’ systems or networks connected to this Site or to GoZonkers.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GoZonkers on or through this Site or any service offered on or through this Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use this Site or any of its content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity which infringes the rights of GoZonkers or others.

Requests for permission to reproduce or distribute materials found on this Web site should be sent to: GoZonkers’ Chief Operations Officer, 6955 Union Park Center, Suite 320, Salt Lake City, UT 84047.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Site, please notify us at the address above.

The material that appears on this Site is for informational purposes only. Despite our best efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on this Site, you should confirm any facts that are important to your decision. GoZonkers and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on this Site. GoZonkers is not responsible for, and cannot guarantee the performance of, goods and services provided by advertisers or others to whose Web sites are linked by this Site. A link to another Web site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by GoZonkers.

In the event you download materials (including GoZonkers Radio Adventure programs) from this Site, the materials, including any files, images incorporated in and data accompanying the materials (collectively, the “Downloaded Materials”) are licensed to you by GoZonkers. GoZonkers does not transfer title to the Downloaded Materials to you. You own the medium on which the Downloaded Materials are recorded, but GoZonkers retains full and completed title to the Downloaded Materials, and all intellectual property rights therein. You may not redistribute, sell, reformat, disassemble or otherwise modify the Downloaded Materials without the express written permission of GoZonkers.

USE OF HEALTH INFORMATION FROM GOZONKERS.TV
The information that appears on GoZonkers.tv or its Downloaded Materials is presented in summary form only and is intended to provide general consumer understanding of health care topics. The information should not be used in place of a visit, call or consultation with a physician or other health care provider. GoZonkers does not recommend the self-management of health or medical problems, nor does GoZonkers promote or recommend any particular form of medical or alternative treatment. People using information accessed through GoZonkers.tv or in Downloaded Materials should also research original sources of authority. Information obtained by using GoZonkers.tv is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or visit your physician or other health care provider. You should never disregard medical advice, or delay in seeking it, because of something you have read on GoZonkers.tv or in Downloaded Materials. You should always seek prompt medical care for any specific health issue and consult a physician before starting a fitness regiment or vigorous activity, such as GoZonkers Radio Adventures.

Special Notice to Teachers and Parents about Physical Safety
The GoZonkers Radio Adventures programs are extended vigorous activities. Classroom instructors or teachers, or parents who use the Radio Adventures programs for physical activities for themselves and children under their care should be fully aware of the medical condition, physical limitations, abilities, and preferences of themselves and children that are to be using these programs, and limit their use only to those physically and medically able to do so. If you do not know, or are unsure, please seek the advice and permission of a parent and/or physician or qualified school medical personnel. You assume all liability for harm to any child or person using these programs to their physical detriment, and agree hereby to hold GoZonkers harmless therefrom by using these Radio Adventure programs.

In addition, ensure anyone using these Radio Adventure programs do so in a manner that is safe for them, that they do not accidentally hit or are hit by any nearby objects, and are not injured by others using the programs at the same time. Children and others using these Radio Adventure programs should be instructed not to do any more of the physical activities requested by the program than they feel they want to do, and to stop or slow down if they are short of breath. Be aware that the heart rates and respiration of individuals is not easily detectable without proper heart rate monitors, and that children who are normal weighted are as susceptible to overexertion as are children with asthma and excess weight. No pressure should ever be applied to any person to start of continue with any Radio Adventure program at any time.

Children should be encouraged to have fun with the Radio Programs rather than feeling forced to do something they may not want to do, or feel incapable of doing.

USER REGISTRATION
To obtain access to certain services on GoZonkers.tv or to Downloaded Materials, you will be given an opportunity to register with GoZonkers.tv. As part of such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, or attempt to enter GoZonkers.tv under the name of, another person. GoZonkers reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify GoZonkers of any known or suspected unauthorized use of your account. You must be at least 13 years old to register on GoZonkers.tv. Please inform GoZonkers.tv if there is a change in the information you provided at the time of initial registration, including any change of address or name, by returning to the registration screen and resubmitting an updated profile.

GoZonkers shall follow its Privacy Policy regarding registration information as described at http://www.GoZonkers.tv/privacy. GoZonkers shall have the option to revise such policy as it may see fit from time to time.

GOZONKERS UNSOLICITED IDEA SUBMISSION POLICY
GoZonkers or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when GoZonkers' products or marketing strategies might seem similar to ideas submitted to GoZonkers. So, please do not send your unsolicited ideas to GoZonkers or anyone at GoZonkers. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter, email, or correspondence says, the following terms shall apply to your idea submission:

 

TERMS OF IDEA SUBMISSION
You agree that: (1) your ideas will automatically become the property of GoZonkers, without compensation to you, and (2) GoZonkers can use the ideas for any purpose and in any way, even give them to others.

PRODUCT FEEDBACK
GoZonkers does, however, welcome your feedback regarding many areas of GoZonkers’ existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us. Please provide only specific feedback on GoZonkers’ existing products or marketing strategies, or comments about subjects we specifically request; do not include any ideas that GoZonkers policy will not permit it to accept or consider. It's just one more way that GoZonkers can learn how to best satisfy your needs.

Feedback and Information
Any feedback you provide to GoZonkers shall be deemed to be non-confidential. GoZonkers shall be free to use such information on an unrestricted, unacknowledged, non-credited basis.

CHAT ROOMS AND FORUMS
GoZonkers encourages an open exchange of information and ideas. But we cannot and do not review every posting made in chat rooms, forums and other public-posting areas. You can expect these areas to include information and opinions from a variety of individuals and organizations other than GoZonkers. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.

Responsibility for what is posted in the chat rooms, forums and other public-posting areas on GoZonkers.tv lies with each user. You alone are responsible for the material you post. By using GoZonkers.tv, you agree not to post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy GoZonkers.tv or that infringes on the rights of others. You may not post or transmit any message anonymously or under a false name. You may not permit any person (other than an agent acting on your behalf and subject to your supervision) to access, using your account, any features of GoZonkers.tv that may require registration. Users may not post a message if that message is, in our view, off-topic, or contain ads, endorsements or solicitations for any business, product, service, business opportunity, non-profit, charitable cause, or association without advance written authorization of GoZonkers. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Agreement.

Although GoZonkers cannot monitor all the postings in the chat rooms, forums and other public areas, we reserve the right (but assume no obligation) to delete, move or edit any posting that comes to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will not, in the ordinary course of business, review private electronic messages that are not addressed to GoZonkers, GoZonkers.tv or members of their staff. However, we will comply with any applicable legal requirements regarding disclosure of such messages to others, including law enforcement agencies.

GoZonkers expects that you will not use the service to violate anyone’s copyright, trademark or other intellectual property rights. By submitting material to GoZonkers.tv, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. Submitting material that is the property of another, or is confidential or protected business or personal information, without the consent of its owner, is not only a violation of this Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

All material you submit to any of our chat rooms, forums and other public-posting areas, or is submitted to GoZonkers in any email, becomes the exclusive property of GoZonkers, without compensation to you, and may be used, employed, reproduced, modified and distributed as we see fit in any medium and for any purpose. You warrant that all legal and moral rights in any material that you submit to us have been irrevocably and unconditionally waived and GoZonkers becomes the sole owners thereof without any compensation accruing to you or anyone else.

NO SOLICITING
You agree not to use GoZonkers.tv to advertise or to solicit anyone to buy or sell products or services, or make donations of any kind, without our express written approval.

NO SPAMMING
From time to time, users may post their e-mail addresses in our chat rooms, forums and other public-posting areas. You agree not to gather these e-mail addresses for purposes of spamming, that is, sending unsolicited e-mail.

NO FRAMING
Without the prior written permission of GoZonkers, you may not frame any of the content of GoZonkers.tv, or incorporate into another Web site or other service any intellectual property of GoZonkers, GoZonkers.tv or any of their licensors. Requests for permission to frame our content may be sent to the GoZonkers’ Chief Operations Officer.

LINKING
We welcome links to GoZonkers.tv. You are usually free to establish a hypertext link to GoZonkers.tv so long as the link does not state or imply any sponsorship of your Web site by GoZonkers. However, you should check the copyright notice on the page to which you wish to link to make sure that one or our content providers does not have its own policies regarding direct links to their content on GoZonkers.tv.

YOUR RELATIONS WITH ADVERTISERS AND SUPPLIERS
Your correspondence or business dealings with, or participation in promotions of, advertisers, suppliers or affiliates found on or through GoZonkers.tv, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, supplier or affiliate. You agree that GoZonkers and GoZonkers.tv shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or suppliers on GoZonkers.tv.

TRADEMARKS
We don’t want anyone to be confused as to which materials and services are provided by GoZonkers and which are not. You may not use any trademark or service mark appearing on GoZonkers.tv without the prior written permission of the owner of the mark.

DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make GoZonkers.tv and the Downloaded Materials interesting and educational, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using GoZonkers.tv or the Downloaded Materials.

YOU AGREE THAT YOUR USE OF THE GOZONKERS.TV WEB SITE AND THE DOWNLOADED MATERIALS ARE AT YOUR OWN RISK. BECAUSE OF THE NUMBER OF POSSIBLE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY MATERIAL AVAILABLE THROUGH GOZONKERS.TV, INCLUDING THE DOWNLOADED MATERIALS, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH GOZONKERS.TV.

GOZONKERS.TV IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. GOZONKERS.TV, GOZONKERS AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABE THROUGH GOZONKERS.TV, NOR DO THEY GUARANTEE THAT GOZONKERS.TV OR DOWNLOADED MATERIAL WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT GOZONKERS.TV OR DOWNLOADED MATERIAL WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL GOZONKERS.TV, GOZONKERS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGAES ARISING OUT OF USE OF GOZONKERS.TV OR DOWNLOADED MATERIALS, INCLUDING WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITAION OF CERTAIN CATEGORIES OF DAMAGAES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF GOZONKERS.TV, GOZONKERS, AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF GOZONKERS.TV, GOZONKERS, AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO GOZONKERS.TV OR THE DOWNLOADED MATERIALS SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO GOZONKERS FOR THE USE OF GOZONKERS.TV.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless GoZonkers.tv, GoZonkers, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing GoZonkers.tv or Downloaded Materials using your account.

VIOLATION OF THIS AGREEMENT
GoZonkers may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) GoZonkers’ rights or property, or the rights and property of visitors to or user of this Site, including GoZonkers’ customers. GoZonkers reserves the right at all times to disclose any information that GoZonkers deems necessary to comply with any applicable law, regulation, legal process or governmental request. GoZonkers also may disclose your information when GoZonkers determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that GoZonkers may preserve any transmittal or communication by you with GoZonkers through this Site or any service offered on or through this Site, and may disclose such date if required to do so by law or GoZonkers determined that such preservation or disclosure is reasonably necessary to )1) comply with legal process, (2) enforce this Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of GoZonkers, its employees, users of or visitors to this Site, and the public.

You agree that GoZonkers may, in its sole discretion and without prior notice, terminate your access to this Site and/or block your future access to this Site if we determine that you have violated this Agreement or guidelines which may be associated with you use of this Site. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to GoZonkers, for which monetary damages would be inadequate, and you consent to GoZonkers obtaining any injunctive or equitable relief that GoZonkes deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies GoZonkers may have at law or in equity.

You agree that GoZonkers may, in its sole discretion and without prior notice, terminate your access to this Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of this Site or any service offered on or through this Site, or (4) unexpected technical issues or problems.

If GoZonkers does take any legal action against you as a result of your violation of this Agreement, GoZonkers will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and cost of such action, in addition to any other relief granted to GoZonkers. You agree that GoZonkers will not be liable to you or to any third party for termination of your access to this Site as a result of any violation of this Agreement.

TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials (including Downloaded Materials) obtained from GoZonkers and GoZonkers.tv and ceasing utilization of GoZonkers.tv, while fulfilling all obligations incurred by you prior to your termination of use of this Site. This Agreement will terminate immediately without notice from GoZonkers or GoZonkers.tv, if in their sole discretion you fail to comply with any term or provision of this Agreement, if you are an infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of GoZonkers.tv. Upon termination, you must destroy all materials obtained from GoZonkers or GoZonkers.tv and all copies thereof, whether made under the terms of this Agreement or otherwise.

VOID WHERE PROHIBITED
GoZonkers administers and operates this Site from Salt Lake City, Utah USA. Although this Site is accessible worldwide, not all features, products or services discussed, referenced or offered though or on this Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. GoZonkers reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on this Site is void where prohibited. If you choose to access this Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

You may not use or export or re-export any content from this Site or any copy or adaptation of such content, or any product or service offered on this Site, in violation of any applicable laws or regulation, including without limitation United States export laws and regulations.

OTHER
This Agreement has been made in and shall be construed in accordance with the laws of the United States and the laws of the State of Utah. By using GoZonkers.tv or the Downloaded Materials, you consent to the exclusive jurisdiction of the state and federal courts located in Utah, with exclusive venue in Salt Lake County, in all disputes arising out of or relating to this Agreement or use of GoZonkers.tv. In the event of any controversy or dispute between GoZonkers and you arising out of or in connection with your use of this Site, the parties shall attempt, prompt and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

In the event that any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Agreement.

By using GoZonkers.tv or the Downloaded Materials, you agree to abide by the terms of this Agreement. We hope you enjoy using GoZonkers.tv and the Downloaded Materials, and we welcome suggestions for improvements. Thanks.

Last updated September 12, 2005