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Nutzungsbedingungen
Terms of Service Germany
§ 1 Scope
(1) These Terms of Use apply to the service offered by us, YourGatsby UG, Bad Sodener Str. 9, 65795 Hattersheim, Germany (hereinafter referred to as the "Provider"), via our website https://yourgatsby.com and our mobile apps Products and services in the legal relationship between us and the persons who use these websites and our mobile apps in the context of a contract concluded between us (hereinafter also "the customer").
(2) These Terms of Use may be requested from us at any time by e-mail to support@yourgatsby.com or in writing.
(3) By registering on our website https://yourgatsby.com or in our mobile apps, the customer accepts the current version of these Terms of Use for all legal relationships between him and the provider as binding.
(4) Only these Terms of Use apply to the legal relationship between us and the customer. Deviating regulations or regulations of the customer are hereby expressly contradicted. Deviating regulations or regulations of the customer will not apply even if we do not expressly contradict them individually.
§ 2 Conclusion of contract with the provider - subject matter of the contract - contract period
(1) The subject of the contract is the use of an online marketplace on which users can offer and book leisure events in the form of parties, events and celebrations.
(2) Registration is only possible via Facebook login. With the registration of the user on our portal, a contract is created with regard to the use of the functions of our website and our mobile apps available to registered customers.
(3) The contract is concluded when the customer goes through the steps provided via Facebook login.
(4) Registration is only possible for persons who have reached the age of 18 years. The provider is entitled to block or delete accounts from customers if there are reasonable doubts as to whether the customer meets the aforementioned conditions.
(5) The data provided by the customer as part of the registration or transmitted by Facebook will be stored by us after completion of the order process. Regarding the storage, use and processing of the customer's personal data, we refer to our dedicated privacy policy https://yourgatsby.com/privacypolicy.
(6) The contractual relationship between us and the customer is valid for the duration of his active registration on our website or in our mobile apps.
(7) The customer can delete his customer profile at any time and terminate the contractual relationship by sending us an e-mail to support@yourgatsby.com or by post to:
YourGatsby UG
Bad Sodener Str. 9
65795 Hattersheim.
Germany
All data associated with the customer profile will be irrevocably deleted from the app. In the internal databases all personal data are deleted, as far as the provider is not obliged to store certain data for the execution of this contract or by law.
§ 3 Conclusion of contract between organizer and guest
(1) Contracts for participation in events, events and parties are exclusively concluded between the organizing customer and the participating customer. We are merely mediators of such contracts. The organizer carries out the work on his own account and on his own responsibility. Here we act only as a mediator between the customers.
(2) The hosting of an event by the customer does not constitute a binding offer, but merely an invitation to other customers to make an offer to conclude a contract for participation in the event.
(3) The binding submission of an offer to conclude a contract for participation in an event is made according to the following technical steps:
a. Click on "Request Party",
b. Enter an optional message to the organizer and a final click on "send a party request",
(4) A contract is concluded if the organizing customer accepts the offer of the customer. Acceptance or rejection of the offer informs the customer by notification in the app.
§ 4 fees and payment conditions for events
(1) The use of the mobile app is free for customers. For participation in events, the fee determined by the organizing customer will be charged.
(2) The total fee for participation in events must be paid to the organizer in cash on the spot.
§ 5 Duties of the customer - notification of events
(1) Customers may report other customers or their events, parties or events either by e-mail to report@yourgatsby.com or in the function specifically provided in the app.
(2) For the completeness and correctness of all data entered by the customer into the input masks on our website or otherwise transmitted, only the customer is responsible. We are entitled to leave requests unprocessed if the data provided by the customer in our input forms or otherwise transmitted prove to be false, untrue or inadequate. Furthermore, we reserve the right, in the case of intentional transmission or otherwise providing wrong data by the customer, to demand compensation for any resulting damages from the customer.
(3) The customer may not create or link content that is unlawful, immoral, offensive, threatening, violence glorifying, racist or sexually offensive or so can be understood by an unbiased, objective observer who violate copyright, competition or trademark rights or which are suitable for violating the religious feelings of others, denigrating politically dissenters, or endangering children or young people morally or impairing their well-being.
(4) The customer indemnifies us against all claims that third parties assert against us for violation of the aforementioned obligations by the customer.
§ 6 Copyright and rights of use
(1) All copyrights, usufructs or property rights to the contents, representations, logos, graphics and images on our pages or within our software as well as to the software and database underlying our offer remain with us or the respective copyright holder.
(2) The provider receives a spatially and temporally unlimited right of use to the pictures and texts of the customers, who set these on the online portal, for the purpose of promoting the portal and the functions and services offered thereon.
§ 7 Warranty and Liability - Disclaimer
(1) The presentation of the data and information provided on our website and in our software regarding the events and data of customers is based on the information provided by the respective customer. We therefore assume no liability for the timeliness, completeness and accuracy of the information presented there about the events and data of customers. We also assume no liability for the timely, complete and correct transfer of data between customers.
(2) We have no control over the availability of events displayed in our mobile app. Therefore, liability for the availability of events is excluded. We make no promises, warranties or other representations regarding the events in the legal sense.
(3) Our goal is the universal usability of the functions and services on our website and the mobile apps, regardless of the other hardware and software used by the customer or engineer. Nevertheless, we cannot rule out that there are hardware and software configurations in which the services we offer are not or only partially usable. We therefore exclude liability for a limited or non-existent usability of our services, if this is due to the choice of a specific configuration of hardware or software by the customer. However, we endeavor to produce the usability in cooperation with the customer in such cases as quickly as possible.
(4) We exclude any liability for short-term, insignificant or not influenceable disturbances of the retrievability of our websites or mobile apps. This also applies and in particular in the case of disruptions of the availability due to maintenance work on the website underlying our service, mobile app, database or server structure. These cases do not entitle customers to reduce, cancel or assert any claims for compensation. Also excluded is the liability for faults that are due to the unauthorized use of the customer's access data, if the customer is responsible for this unauthorized use.
(5) In addition, we shall be liable only for intent and gross negligence as well as for damages resulting from injury to life, limb or health, which are based on a culpable breach of duty by us or one of our legal representatives or vicarious agents. For damages that are based on a slightly negligent, for which we are responsible for breach of essential contractual obligations, we are liable only for typical contractual and foreseeable damages. Material contractual obligations are obligations whose fulfillment makes the proper performance of the contract between us and the customer possible in the first place and on whose compliance the customer regularly trusts and can rely. Otherwise, there is no liability.
(6) Our website contains links and references to third party sites. These are not operated by us. Also, we have no influence on the content that is displayed on these pages. We assume no liability for the content of these websites, nor do we adopt this content. We do not control the content on these pages. We are not aware of any violations of applicable law on these pages.
§ 8 Privacy
We take the protection of customer data seriously. A full explanation of how we collect, store and process the data can be found in our privacy policy:
https://yourgatsby.com/privacypolicy.
§ 9 Form of explanations
Legally relevant declarations and announcements that the customer has to make to us or a third party must be in writing.
§ 10 Place of Performance - Choice of Law - Jurisdiction
(1) The statutory provisions on jurisdiction remain unaffected, unless otherwise specified in the special provision of paragraph 3.
(2) The law of the Federal Republic of Germany shall apply to the contracts in accordance with these Terms of Use.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, then the place of jurisdiction is our place of business. However, we are entitled to sue the customer at his place of residence. In the case of a contract with a consumer, jurisdiction is our place of business, if the customer relocated after the conclusion of the contract his domicile or habitual residence from the scope of the Federal Republic of Germany. This also applies if the domicile or habitual residence of the customer is not known at the time the complaint is filed.
§ 11 Implementation of the ODR Directive
Terms of Service United States of America
REVISION DATE: OCTOBER 17th, 2017
FOR MORE INFORMATION OR IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF SERVICE, PLEASE CONTACT US AT
SUPPORT@YOURGATSBY.COM
1. ACCEPTANCE OF TERMS OF SERVICE
These Terms of Service are entered into by and between You and YourGatsby, Inc. (”Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service” or “Agreement”), govern your access to and use of
www.yourgatsby.com,
www.yourgatsby.party, or our Application, including any content, functionality, and services offered on or through the YourGatsby Application (collectively, the “Platform”). Please read the Terms of Service carefully before you start to use the Platform. By (i) accessing, browsing, subscribing to, and using the Platform; and (ii) by using the Company platform, associated content, and any customizations made to the services provided or offered by Company via the Platform (collectively, the “Services”), you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Service, and to comply with all applicable laws and regulations. If you do not agree to these terms, you must not access or use the Platform or any of the Services. The Services comprise mobile applications and related services (each, an "Application"), which enable users to easily find, organize, and/or host social gatherings. The Application provides a tool to users to fully control every aspect of their hosted events; a fully transparent guest list, and a well-organized review system, in addition to providing users with a matching or dating feature. The material provided through our Platform and the Services is protected by law, including, but not limited to, United States copyright law and international treaties. The Platform and the Services are controlled and operated by Company from its offices within the United States. Company makes no representation that materials on the Platform and in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Platform and the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
2. CHANGES TO THE TERMS OF SERVICE
From time to time and in our sole discretion, we may modify this Agreement and post those modifications to the Platform. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Platform. Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. ELIGIBILITY
By creating an account and using the Platform and Services, you represent and warrant that:
1) you are at least 18 years of age, and can form a binding contract with Company;
2) you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;
3) you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; and
4) you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
4. ACCESSING THE PLATFORM, REGISTRATION, ACCOUNTS, AND PASSWORDS
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Platform and ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Service and comply with them. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. We may terminate your access to our Platform and to the Services if we learn that you have provided us with false or misleading registration data. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, available at
www.yourgatsby.com/privacypolicy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Y ou also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You are solely responsible for maintaining the confidentiality of your password and account, and for all use of your password or account, whether authorized by you or not. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this Agreement. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. If you choose to use the Platform by using your Facebook login, you authorize us to access and use certain Facebook account information, including but limited to your public Facebook profile and information about Facebook friends you share in common with other Company users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy. We have the right to disable any user name, password, or other identifier, at any time , if, in our opinion, you have violated any provision of these Terms of Service. If you have opted in to receive special offers from Company via email, or otherwise, you can unsubscribe via the links provided in the email at any time or by contacting us at
support@yourgatsby.com. By opting in to receive special offers from us, you consent to receiving, from time to time, text messages, Application notifications, or emails which may include alerts, promotions, offers, polls, and giveaways.
5. PAYMENT AND PURCHASES
To the extent the Services or any portion thereof is made available for any fee or through a subscription, your access will be granted following payment of the applicable fees to Company. Your account and access to the Services may be suspended in the event of non-payment of applicable fees. You represent and warrant to Company that such payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. From time to time, Company may offer products and services for purchase (“App Purchase”) through iTunes, Google Play, or other application platforms authorized by Company (each, a “Software Store”). If you choose to make an App Purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the App Purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for App Purchase that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto - recurring periodic subscription through an App Purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account w ith us or the Company application from your device.
6. USE RESTRICTIONS AND INTELLECTUAL PROPERTY
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (“Company Content”) is owned by the Company, its licensors, or other providers of such material (collectively, and individually, “Company Content Providers”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Company Content obtained from or through Company. The Platform and Services contain proprietary and copyright-protected information. Any unauthorized use of any Company Content contained on the Platform or the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part. You will not upload, post or otherwise make available on the Platform or via the Services, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Company and its officers, directors, employees, and agents for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you. The Company Content and Platform may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You must not modify copies of any materials from this Platform or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. You may not misuse the Platform. You may use the Platform only as permitted by law. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. Your computer may temporarily store copies of such materials in RAM incidental to your accessin g and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. When you download our mobile Application, you may download a single copy to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you ma y take such actions as are enabled by such features. The Company name, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks withou t the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
7. AVAILABILITY
Information that Company publishes on the Platform may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Company intends to announce such products, programs or services in your country. Consult Company for information regarding the products, programs and services which may be available to you.
8. DISCLAIMER OF WARRANTIES
THE INFORMATION PRESENTED ON OR THROUGH THE PLATFORM IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. INFORMATION ON THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY COMPANY ON AN “AS IS” BASIS ONLY. COMPANY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE SERVICES IS SOLELY AT YOUR RISK. COMPANY MAKES NO WARRANTY THAT (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE PLATFORM, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. COMPANY IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED ON THE PLATFORM. COMPANY DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE. This Platform may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE PLATFORM OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND COMPANY’S REASONABLE CONTROL. IN NO EVENT SHALL COMPANY BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
10. TRANSMISSIONS, USER CONTRIBUTIONS, AND CONTENT STANDARDS
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to create abusive or objectionable content. There will be no tolerance for objectionable content or abusive users. Users harassing other users or creating objectionable content will be immediately blocked from the application. Users can report abusive behavior by clicking the "Report party" button on the party listings or by emailing to report@yourgatsby.com
Any material, information, or idea you transmit to or post on the Platform or through the Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing its services. Notwithstanding the foregoing, all personal data provided to Company will be handled in accordance with Company’s Privacy Policy, available at www.yourgatsby.com/privacypolicy. You are prohibited from posting or transmitting to or from the Platform any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
The Platform may contain message boards, chat rooms, personal web pages, or profiles, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Platform. Content Standards All User Contributions must comply with the Content Standards as set forth in these Terms of Service. Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us.
• All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, are fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform. We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could creat e liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
• Terminate or suspend your access to all or part of the Platform for any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Threaten, abuse, harass, defame, offend, or otherwise be seen as inappropriate as determined by Company in its sole discretion.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
These content standards apply to any and all User Contributions and use of Interactive Services.
11. PROHIBITED USES
You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.
Additionally, you agree not to:
• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Platform.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.
12. COMPANY COMMUNICATIONS
You agree that Company may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Company account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Company at any time, either by texting the word “STOP” to [XXXXX] using the mobile device that is receiving the messages, or by contacting
support@yourgatsby.com. If you do not choose to opt out, Company may contact you as outlined in its Privacy Policy, located at
www.yourgatsby.com/privacypolicy Company may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a third party provider's services, or other features or benefits related to the Services and/or a third party provider's services, subject to any additional terms that Company establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Company; (iii) may be disabled by Company at any time for any reason without liability to Company; (iv) may only be used pursuant to the specific terms that Company establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Company determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Company’s Terms.
13. SAFETY; USER COMMUNICATIONS
Company allows you and other end users to use the Platform to express opinions and communicate through communication facilities that may be offered on or through the Platform from time to time. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of Company. Though Company strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Platform. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Platform or meet in person. In addition, you agree to review and follow Company’s Safety Tips, prior to using the Platform. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. The Platform may contain links maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents. We expressly disclaim any representations regarding the content or accuracy of materials or the privacy practices related to such third parties.
14. RIGHTS YOU GRANT TO THE COMPANY
By creating an account, you grant Company a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Services or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Services may be viewed by other users and may be viewed by any person visiting or participating in the Services (such as individuals who may receive shared Content from other Company users). You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Services and grant the license to Company above. You understand and agree that we may monitor or review any Content you post as part of a Service s. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Services.
15. TERMINATION
In its sole and absolute discretion, with or without notice to you, Company may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) any unauthorized access or use of the Services, (ii) any violation of this Agreement, or (iii) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services. You may terminate your account for any reason by emailing Company at
support@yourgatsby.com. Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Platform. Termination, suspension, or cancellation of the Services or your access rights to the Platform shall not affect any right or relief to which Company may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Company.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, but not limited to, [your User Contributions,] any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Platform.
17. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement and performance hereunder shall be exclusively governed by, and construed in accordance with, the laws of the state of Delaware (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall exclusively take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue.
18. WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
19. REVISIONS TO THIS AGREEMENT
Company may at any time revise this Agreement by updating this posting. By using the Platform, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
20. NOTICES
Except as explicitly stated otherwise, any notices shall be given by postal mail to YourGatsby, Inc. Attn:
YourGatsby, Inc.
1675 S. State Street, Suite B
City of Dover, Delaware 19901, County of Kent
(in the case of the Company) or to the email address you provide to the Company during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
21. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to the address below. It is the policy of the Company to terminate the user accounts of repeat infringers.] In the event materials are made available to this Platform by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Platform. If you believe any materials on the Platform infringe a copyright, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Platform are covered by a single notification, a representative list of such works at that Platform;
iii. Identification of the material that is claimed to be infringing or to be the subject of 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;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party 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
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to our designated agent as follows:
Garland Brown
Weiss Brown
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250
United States of America
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.