Gathervoices Privacy Policy

last modified date April 17, 2017

Gather Voices

Privacy Policy / Reporting Copyright Violations (DMCA Copyright Agent)

Effective Date: March 02, 2017.

PLEASE BE ADVISED THAT BY VISITING OR BROWSING THIS SITE, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY (“POLICY”), INCLUDING THIS SENTENCE. IN ADDITION, BY REGISTERING TO BECOME A USER OF THE GV APP AND/OR THE SERVICE (EACH AS DEFINED BELOW), WHETHER THROUGH THE SPONSOR (DEFINED BELOW) OR DIRECTLY WITH GV, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND THE GV TERMS OF SERVICE (“GV TERMS OF SERVICE”). IN ADDITION, YOU MAY BE REQUIRED TO AGREE TO SPONSOR’S PRIVACY POLICY AND APPLICABLE TERMS OF SERVICE AS A CONDITION TO USING THIS SITE AND/OR THE SERVICE. IN THAT CASE, BY REGISTERING TO BECOME A USER OF THE GV APP AND/OR THE SERVICE, YOU ALSO AGREE TO THE SPONSOR’S PRIVACY AND APPLICABLE TERMS OF SERVICE.

IN THIS POLICY THE TERMS “WE” AND “US” REFER TO GV AND/OR THE SPONSOR, AS APPLICABLE. THE TERM “YOU” REFERS TO THE INDIVIDUAL ACCESSING THIS SITE AND/OR THE SERVICE EITHER ON YOUR OWN BEHALF, OR ON BEHALF OF A LEGAL ENTITY (E.G., YOUR EMPLOYER OR OTHERWISE) (“ENTITY”), IN WHICH CASE THE TERMS “YOU” AND “YOUR” SHALL REFER TO YOU, INDIVIDUALLY, AND THE ENTITY.

IF YOU DO NOT AGREE TO THIS POLICY OR ANY PROVISION HEREOF, YOU ARE NOT PERMITTED TO CONTINUE TO VISIT OR BROWSE THIS SITE. IF YOU DO NOT AGREE TO THIS POLICY AND THE GV TERMS OF SERVICE (AND SPONSOR’S PRIVACY POLICY AND TERMS OF SERVICE, IF REQUIRED), YOU ARE NOT PERMITTED TO USE THE SERVICE.

This Policy applies to:

(a)the website located at http://gv-one.com/, together with all microsites or subdomains hosted thereunder, and any other website or mobile application authorized by GV to link to this Policy, regardless of how it is accessed (each, a “Site”); and

(b)the online video and other content recording service and its features and functionality offered on or through the Sites, including through the GV App mobile application (“GV App”), known as “Gather Voices™” (the Sites, online service and the GV App, collectively, the “Service”);

which are hosted and administered by Gather Voices, LLC (“GV”), either on its own behalf or on behalf of GV’s customers, the organizational Sponsors (each, a “Sponsor”) whose name and branding may appear on a Site, the GV App or other element of the Service. Notwithstanding the foregoing, GV is not responsible for any acts or omissions of Sponsor of any kind, including relating to this Policy, the GV Terms of Service or any separate Sponsor Privacy Policy or Sponsor Terms of Service document.

This Policy includes the provisions of Section 15 related to reporting alleged copyright violations under the Digital Millennium Copyright Act (DMCA).

This Policy is designed to help You understand generally how this Site and the Service collect, use or disclose personally identifiable information (“PII”) about You. Each time You visit or browse the Site, You acknowledge and agree that You accept this Policy. Each time You log in to use the Service, You acknowledge and agree that You accept this Policy and the GV Terms of Service (and the separate Sponsor Privacy Policy or Sponsor Terms of Service, if required), which we may amend at any time without notice by posting them, and which may be different from the versions of such documents which applied to Your previous visit and/or log-in. You are advised to consult the “Privacy Policy” and “GV Terms of Service” links (as well as links to the separate Sponsor Privacy Policy or Sponsor Terms of Service, if applicable) on this Site each time You visit the Site and/or use the Service.

If You have any questions or issues with respect to the Policy, please contact us as at: Gather Voices, 4021 N. Broadway,

Chicago IL, 60613, Attn: Legal; legal-inbox@GatherVoicesApp.com. To the fullest extent permitted by law, You agree to receive all legally required notices regarding this Policy or any privacy or security breaches relating to the Site by email at the address You use to contact the Site or register for the Service.

In the event of any conflict or inconsistency between this Policy and the GV Terms of Service, the GV Terms of Service shall govern.

1.Information You Provide. We collect the following information that You provide us directly:
User Content and Metadata. You may elect to submit “User Content” through the Service. “User Content” means pictures, images, photographs, videos, text, audio, code, reviews, responses, profile entries, questions or and any other content or data, regardless of form, which users of the Service upload, view, distribute, or otherwise transmit to, through or from the Service or create, in whole or in part, using the Service, including PII to the extent included in User Content. User Content does not include any component or element of the Service itself, nor any of the foregoing items created by GV Metadata may be stored with Your User Content. Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.Registration. When You register to use the Service, You will provide Your full name and You will create a unique user name and password, using Your email address. You will need to provide this user name and password each time You log in to Your account.

Communications Between You and The Sponsor and You and GV. You may send the Sponsor help inquiries or the Sponsor may send You Service-related emails. The Sponsor may share these inquiries and Service-related emails with GV.

Additionally, if You are accessing parts of the Service that are password-protected, then (a) once You submit Your password, the Service will recognize who You are and collect all information that You submit, including all electronic information, and (b) any information collected about You from the Service may be associated with other identifying information we have about You.

It is always Your choice whether to provide PII about Yourself (other than as required to register to use the Service), and if You submit PII about any other person, You need his or her prior written consent. DO NOT SUPPLY PII ABOUT OTHERS UNLESS YOU HAVE THEIR CONSENT. BY SUBMITTING PII ABOUT OTHERS, YOU HEREBY REPRESENT AND WARRANT TO GV AND THE SPONSOR THAT YOU HAVE FULL AUTHORITY TO DO SO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS GV AND SPONSOR FROM ANY RESULTING CLAIM.

2.Other Information We Collect; Cookies. Sometimes we collect information about You without Your submitting it. For example, we may collect Your IP address each time You request a page during a visit to the Site, even if You do not log in to use the Service. Information collected by us may also include, but is not limited to, data regarding device/browser types, screen/pages visited, crashes, mobile application installs, videos recorded, videos uploaded, demographics and geolocation tracking. This information is also collected from users of the Service. We collect some information automatically from visitors to the Site and users of the Service, such as by the use of “cookies” (small text files that may be placed on Your browser when You visit the Site or use the Service), “web beacons” or other tracking mechanisms, to improve Your experience with the Site and/or Service, to improve the quality of the Site and/or Service and maintain the their proper operation. For example, when You return to the Site after logging in to use the Service, cookies provide information to the Service so that it will remember who You are. If we use such data at all, it will be on an aggregate basis, and we will not disclose to third parties any information that could be used to identify You personally. We may use cookies as described above, and in connection with third party services, such as Google Analytics, plug-ins, embeds and similar tools that may utilize cookies in the process of providing services to us. We do not allow such third party service providers to use or share PII collected via the Service except as noted in this Policy, and for the purpose of their provision of services to GV in connection with operation, maintenance or data analysis regarding the Service. For more information on how Google Analytics may use Your data, You may review its policy entitled “How Google uses data when You use our partners’ sites or apps” and located at www.google.com/policies/privacy/partners/.

BY YOUR USE OF THE SITE, YOU CONSENT TO OUR PROVIDING DATA (INCLUDING, BUT NOT LIMITED TO, DATA REGARDING DEVICE/BROWSER TYPES, SCREEN/PAGES VISITED, CRASHES, MOBILE APPLICATION INSTALLS, VIDEOS RECORDED, VIDEOS UPLOADED, DEMOGRAPHICS AND GEOLOCATION TRACKING) TO GOOGLE ANALYTICS OR OTHER THIRD-PARTY SERVICES IN THE MANNER SET FORTH IN THIS POLICY. IF YOU DO NOT CONSENT, PLEASE DO NOT USE THE SITE OR THE SERVICE.

Using the settings of Your Internet or mobile browser, You can choose to have Your computer warn You each time a cookie is being sent, or You can choose to turn off all cookies. Consult Your browser Help menu to learn the correct way to modify Your cookies. If You choose to turn off cookies, You may not have access to many features that make Your browsing of our Site and use of the Service smoother, and some of our services may not function properly. You may at any time delete any cookies set by using the relevant option of Your Internet or mobile browser or by deleting the cookies on Your hard drive or mobile device. The site www.allaboutcookies.org includes instructions for managing cookies on many commonly used Internet browsers, or You may consult the vendor documentation for Your specific software. If You continue without changing Your settings, You consent to our use of cookies and other tools on the Service.

“Web beacons” are communications with a server performed when retrieving the content of a webpage, and enable us to track the number and timing of visitors to certain sections of the Service. We may employ web beacons to help us compile aggregated statistics regarding the operations of the Service.If You do not want us to collect information about Your geographic location, You must disable the technology on Your browser or mobile or other device that transmits this information.

3.Use/Sharing Of Your Information. Except as otherwise noted in this Policy, we may use PII we collect about You for any authorized purpose relating to the mission of the Sponsor or work of GV including providing information to our current and potential partners and contacting You, and allowing our current and potential partners to contact You. We may also disclose (or otherwise provide access to) and provide such PII to other parties (including persons located outside the United States) who participate in our programs or are otherwise involved in our work. Unless otherwise stated in their own Terms of Service and/or Privacy Policy, Sponsor may use, make derivative works of, copy, adapt, modify, distribute, publish and publicly display Your User Content for any authorized purpose relating to the business of the Sponsor. This may include, but is not limited to, combining Your User Content with the User Content of a third party for purposes of promoting an initiative of the Sponsor on the Sponsor’s website, a partner of the Sponsor on such partner’s website, posting User Content individually to social media or as a group of individual videos in a collection on a website, or combining excerpts of User Content to promote a campaign of the Sponsor or the mission of the Sponsor generally or a campaign of a partner of the Sponsor or the mission of such partner generally. If we disclose (or otherwise provide access to) Your User Content to another party, You expressly acknowledge that such other party may use, make derivative works of, copy, adapt, modify, distribute, publish and publicly display Your User Content for any authorized purpose. By submitting User Content, You acknowledge that the Sponsor may disclose (or provide access to) Your PII to other parties.

We may use or disclose certain PII we collect about You when You visit and browse the Site or use the Service as part of our normal business operations, or to send You administrative communications either about Your interactions with us or about features of the Service, including any future changes to this Policy.

In order to provide efficient and reliable services and to improve the Service, we may use or disclose Your PII for marketing, research and other business purposes, and we may associate Your PII with other information we collect about You, such as details about Your usage patterns and interests, but we will not sell this information to third parties.

We may also use service providers to facilitate our services or platform functions on our behalf. Non-affiliated companies and individuals that assist GV in providing services to You are required to maintain the confidentiality of such information to the extent they receive it and to use Your PII only in the course of providing such services and only for the purposes that we dictate.

We will not otherwise share or disclose Your PII, except in the following situations, notwithstanding anything in this Policy to the contrary, including any opt out instructions we receive from You: (a) in response to subpoenas, court orders or other legal process, or to establish or exercise our legal rights or defend against legal claims; (b) when we believe it necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our GV Terms of Service or other agreement with You, and/or to protect our rights and property or those of others with which we do business; (c) when we sell or license the Service (excluding usage rights granted to users of the Service during the normal course of business) as an asset, or in the event of a sale, merger, corporate reorganization or other business consolidation or similar transaction, where user information may be among the transferred assets or disclosed information (in which case You will be notified via e-mail or a prominent notice on our Site of any change in ownership or uses of Your PII, as well as any choices You may have regarding Your PII); or (iv) when we have Your prior consent to do so.

4.Maintaining Your Information. You may delete or deactivate Your account to use the Service (including Your user name and profile) once it is created, but You may not edit or delete any User Content or Your PII once it has been submitted to the Service. GV and/or Sponsor may retain Your PII and /or User Content to the fullest extent permitted by applicable law and as described in the GV and/or Sponsor’s Respective Terms of Service and/or this Policy and/or Sponsor’s Privacy Policy. GV and/or Sponsor may also discard Your User Content and/or PII at their respective discretion and will have no obligation to notify You or provide You with a duplicate copy; therefore, You should retain Your own records of any content or other information that You submit to GV or Sponsor through use of the Service or otherwise.

5.Other Websites. This Policy applies only to the Sites and the Service. If You visit any website linked to this Service, including the website of the Sponsor, You are subject to that entity’s own privacy policies, which we do not control or monitor. You should review the privacy policy of all third-party websites before You visit them.

6.Information Security. We endeavor to protect Your PII using reasonable technical, administrative and physical security measures. However, there is no such thing as perfect security on the Internet, and You provide PII and User

7.Children’s Privacy. The Service is not targeted toward, and we do not seek or desire to collect information from, children under the age of 13. Therefore, we will not knowingly request information from persons under such age. Please do not provide any PII or User Content to us for any reason unless You are at least 13 years of age, and if You are under 18, please obtain parental consent. Parents: please caution Your children not to send us any PII or User Content without Your verifiable consent. Consistent with the Children’s Online Privacy Protection Act, if a child under 13 has provided PII to us through the Service without verifiable parental consent, a parent or guardian may inform us at the address above, and we will use commercially reasonable efforts to delete such information, subject to applicable law and this Policy.Content to us at Your own risk. GV EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, LOSSES OR CLAIMS OF ANY KIND RELATING TO ANY PII THAT YOU PROVIDE TO US OR OTHERS THROUGH THE SERVICE. Notwithstanding the foregoing, if You believe that You have been a victim of identity theft through the Service, please notify us at the address provided above.

8.Do Not Track. GV does not track users of the Service over time and across third party websites to provide targeted advertising, and therefore does not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of Your browsing activities when they serve You content, which enables them to tailor what they present to You. If You are visiting such sites, Your browser should allow You to set the DNT signal so that third parties (particularly advertisers) know You do not want to be tracked.

9.International Use. This Privacy Policy is intended to meet the laws and regulations of the United States, and despite the global nature of the Internet, GV makes no claims that the Content or the Service are appropriate or may be viewed or used outside the United States. Furthermore, our servers and databases are located in the United States. By sending us Your data, You consent to its transfer to and storage within the United States. Irrespective of the country in which You reside or from which You access the Service, You authorize GV to use Your PII and User Content in the United States and any other country where GV or the Sponsor operates. Notwithstanding the foregoing or anything in this

Policy to the contrary, access to the Site or Service from countries or territories where such access is illegal or contrary to applicable rules or regulations – or where the privacy practices described in this Policy may not be deemed adequate, such as the EAA or EU – is prohibited. Those who access the Site or Service from outside the United States do so on their own initiative, at their sole risk, and are responsible for compliance with local laws, rules and regulations.

10.No Warranties/Disclaimer. THE SITE AND SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND GV, SPONSOR AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM SAME, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES OR OTHER HARMFUL CODE. GV DOES NOT REPRESENT OR WARRANT ANY BENEFIT THROUGH YOUR USE OF THIS SITE OR THE SERVICE, AND YOU SUBMIT USER CONTENT TO THIS SITE SOLELY AT YOUR OWN RISK.

11.Damage Limitation.

11.1TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY, FOR ANY AND ALL CLAIMS, OF EACH OF GV AND SPONSOR, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, PARENTS AND ANY OF THEIR RESPECTIVE LICENSORS, SUBCONTRACTORS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, OR RESELLERS, UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY AND ALL CLAIMS OR LIABILITIES, BASED ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, WHETHER RELATING TO ANY SITE OR THE SERVICE OR ANY PART THEREOF, OR SUPPORT, MAINTENANCE OR OTHERWISE, SHALL NOT EXCEED THE PRICE YOU PAID, IF ANY, TO DOWNLOAD THE GV APP (WHICH AMOUNT MAY BE ZERO), BUT UNDER ANY CIRCUMSTANCES NOT MORE THAN THE SUM OF FIVE (5) DOLLARS.

11.2TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL GV AND SPONSOR, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, PARENTS AND ANY OF THEIR RESPECTIVE LICENSORS, SUBCONTRACTORS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, OR RESELLERS, UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY AND ALL CLAIMS OR LIABILITIES, BASED ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, WHETHER RELATING TO THE SERVICE OR ANY PART THEREOF, OR SUPPORT, MAINTENANCE OR OTHERWISE, BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING RESULTING FROM UNAUTHORIZED ACCESS TO,

(A)YOUR FAILURE TO COMPLY WITH ANY PROVISION OF THE GV TERMS OF SERVICE, SPONSOR TERMS OF SERVICE OR FOR UNAUTHORIZED USE OF YOUR ACCOUNT (OR SHARING OF SOCIAL FEATURES) OROR THE ALTERATION, DELETION, DESTRUCTION, DAMAGE, LOSS, DISCLOSURE, UNAVAILABILITY OR FAILURE TO STORE USER CONTENT OR OTHER DATA OR CONTENT, NOR FROM DELAYS, LOSS OF PROFIT, INTERRUPTION OF SERVICE OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY PORTION THEREOF, INCLUDING CESSATION OR MODIFICATION OF ANY ASPECT OF THE SERVICE, OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, BASED ON ANY THEORY OF LIABILITY, WHETHER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, EVEN IF GV OR SPONSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY USER CONTENT OR OTHER DATA OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GV AND SPONSOR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, PARENTS AND ANY OF THEIR RESPECTIVE LICENSORS, SUBCONTRACTORS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, OR RESELLERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR SERVICE, WITHOUT LIMITING THE FOREGOING, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF

(B)USER CONTENT POSTED TO THE SITE OR THE SERVICE BY YOU OR ANY THIRD PARTY.

11.3TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT: (A) NEITHER APPLE, GV NOR SPONSOR SHALL HAVE ANY RESPONSIBILITY FOR ADDRESSING ANY CLAIMS YOU OR ANY THIRD PARTY MAY HAVE RELATING TO THE GV APP OR YOUR POSSESSION AND/OR USE OF THE GV APP, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE GV APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION; AND (B) IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE GV APP OR YOUR POSSESSION AND USE OF THE GV APP INFRINGES THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, NEITHER APPLE, GV NOR SPONSOR WILL HAVE ANY RESPONSIBILITY FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.

11.4THE PROVISIONS OF THIS SECTION 11 (LIMITED LIABILITY) ARE FUNDAMENTAL AND SPECIFIC REQUIREMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GV AND GV WOULD NOT BE ABLE TO ENTER INTO THIS AGREEMENT WITHOUT SUCH PROVISIONS. THIS SECTION 11 (LIMITED LIABILITY) SHALL BE APPLICABLE IN ALL RESPECTS TO LIMIT THE LIABILITY OF APPLE AND SPONSOR TO THE SAME EXTENT AS GV’S LIABILITY IS LIMITED.

11.5BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, THE LIABILITY OF THE PARTIES TO WH ICH THEY APPLY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF A COURT OF COMPETENT JURISDICTION FINDS THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY IN THIS AGREEMENT TO BE UNCONSCIONABLE.

12.Beneficiaries. There are no third party beneficiaries of this Policy.

13.Governing Law/Venue. This Policy and Your use of the Site and/or Service are governed by Illinois law without reference to its choice of law rules and as if wholly performed within Illinois. Any judicial action or proceeding between the Parties relating to this Agreement must be brought in the federal or state courts located in Cook County of Illinois. Each Party consents to the jurisdiction of such courts, agrees to accept service of process by mail, and hereby waives all jurisdictional and venue defenses otherwise available to it.

14.Reporting Copyright Violations – Copyright Agent – Notice and Procedure for Notification of Claimed Copyright Infringement Pursuant to 17 U.S.C. Sec. 512 of the U.S. Copyright Law(http://www.copyright.gov/title17/92chap5.html).

15.1If You believe that Your copyrighted work has been copied and is accessible on any network, service or product provided by GV in a way that constitutes copyright infringement, You may notify us as described below. This procedure and the following information is provided exclusively for this purpose. Any other inquiries will not receive a response through this process.

15.2.1A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;15.2Please note that Your notification must be in writing and contain substantially the following information to be effective:

15.2.2Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

15.2.3Identification 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 GV to locate the material;

15.2.4Information reasonably sufficient to permit GV to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;

15.2.5A statement that You have 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;

15.2.6A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15.3Copyright Agent: Written notification must be submitted to GV’s Designated Agent: Michael Hoffman, Gather Voices,

LLC, 4021 N. Broadway, Chicago, Illinois 60613; Email: legal-inbox@gathervoicesapp.com; Tel.: 773-784-7333 ext. 302.

15.4Note: By submitting Your notification to GV’s Designated Agent, You represent, under penalty of perjury, that the above information is accurate, that You are the copyright owner or are authorized to act on such person’s behalf, and that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. In addition, be advised that under U.S. Copyright law, 17 U.S.C. Sec. 512(f) [Misrepresentations], any person who knowingly materially misrepresents in the notification described above that material or activity is infringing shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, e.g., GV, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material.

15.5Upon receipt by GV’s Designated Agent of the required notification containing the information as outlined in 15.2.1 through 15.2.6 above, GV shall take reasonable steps to:

15.5.1Remove or disable access to the material that is alleged to be infringing;

15.5.2Forward the written notification to the alleged infringer (GV Customer);

15.5.3Promptly notify the GV Customer that GV has removed or disabled access to the material.

15.6Counter Notification: If You are affected by the aforementioned notification of claimed infringement, You may provide a counter notification to GV. To be effective, a Counter Notification must be a written communication provided to GV’s Designated Agent that includes substantially the following:

15.6.1A physical or electronic signature of the GV Customer.

15.6.2Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

15.6.3A statement under penalty of perjury that the GV Customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

15.6.4The GV Customer’s name, address, and telephone number, and a statement that the GV Customer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the GV Customer’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the GV Customer will accept service of process from the person who provided notification or an agent of such person.

15.7Upon receipt of a Counter Notification from the affected GV Customer containing the information as outlined in 15.6.1 through 15.6.4 above, GV shall:

15.7.1Promptly provide You (the complaining party) with a copy of the Counter Notification;

15.7.2Inform You that it will replace the removed material or cease disabling access to it within ten (10) business days;

15.7.3Replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless GV’s Designated Agent first receives notice from You, the complaining party who initially submitted the notification described above, that an action has been filed by You or on Your behalf seeking a court order to restrain the GV Customer from engaging in infringing activity relating to the material on GV’s system or network.

Gathervoices Terms and Conditions

last modified date July 09, 2017

Gather Voices

Terms of Service and End User License Agreement

Thank you for your interest in Gather Voices™.  Please read the following: 

THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (EULA) ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND GATHER VOICES, LLC, GOVERNING YOUR USE OF OUR SERVICE (AS DEFINED BELOW) AND THE GV APP INTENDED TO BE USED IN CONJUNCTION WITH THE SERVICE. 

 

GATHER VOICES’ WILLINGNESS TO ENTER INTO THIS AGREEMENT IS CONTINGENT ON YOU ACCEPTING THIS AGREEMENT WITHOUT MODIFICATION.  BY ACCEPTING THIS AGREEMENT, EITHER BY (A) REGISTERING WITH US OR SPONSOR TO CREATE AN ACCOUNT TO USE THE SERVICE OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, OR (B) LOGGING IN TO USE THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT, EITHER ON YOUR OWN BEHALF, OR ON BEHALF OF A LEGAL ENTITY (E.G., YOUR EMPLOYER OR OTHERWISE) (“ENTITY”), IN WHICH CASE YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED BY THE ENTITY TO DO SO, HAVE THE AUTHORITY TO LEGALLY BIND THE ENTITY, ARE AT LEAST 18 YEARS OF AGE, AND AGREE THAT THE TERMS “YOU” AND “YOUR” SHALL REFER TO YOU, INDIVIDUALLY, AND THE ENTITY.  IF YOU ARE NOT SO AUTHORIZED OR IF YOU CANNOT ACCEPT THIS AGREEMENT, YOUR USE OF THE SERVICE IS PROHIBITED.  GV AND YOU ARE REFERRED TO INDIVIDUALLY HEREIN AS A “PARTY,” AND COLLECTIVELY AS THE “PARTIES.” 

 

THE SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13.  IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE OR PROVIDE GV WITH ANY PERSONALLY IDENTIFYING INFORMATION (PII).  IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT (USUALLY 18 IN THE U.S.), YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS AND APPROVE OF YOUR USE OF THE SERVICE AND THE GV APP.  IN THAT CASE, YOUR PARENT OR GUARDIAN WILL BE THE RESPONSIBLE PARTY OPPOSITE GV UNDER THIS AGREEMENT.

THIS IS NOT AGREEMENT BETWEEN YOU AND APPLE INC. (“APPLE”) EVEN IF YOU OBTAINED THE GV APP FROM THE APP STORE OR ANY OTHER APPLE SITE FROM WHICH IOS-COMPATIBLE APPS ARE MADE AVAILABLE, NOR IS THIS AN AGREEMENT BETWEEN YOU AND GOOGLE INC. (“GOOGLE”), EVEN IF YOU OBTAINED THE GV APP FROM GOOGLE PLAY OR ANY OTHER SITE FROM WHICH ANDROID-COMPATIBLE APPS ARE MADE AVAILABLE.  ADDITIONAL TERMS AND CONDITIONS NOT CONTAINED IN THIS AGREEMENT AND IMPOSED BY APPLE AND GOOGLE SHALL APPLY TO YOUR USE OF THE FOREGOING THIRD PARTY SERVICES, FOR WHICH GV IS NOT RESPONSIBLE.  NEITHER APPLE NOR GOOGLE ARE RESPONSIBLE FOR THE SERVICE, INCLUDING THE GV APP.

NOTE:  IF YOU ARE A COMPETITOR OR PROSPECTIVE COMPETITOR OFFERING OR CONSIDERING OFFERING PRODUCTS OR SERVICES SIMILAR TO OR COMPETITIVE WITH THOSE OFFERED BY GATHER VOICES, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICE.  IN ADDITION, ANY ACCESS TO OR USE OF THE SERVICE FOR COMPETITIVE PURPOSES, INCLUDING MONITORING OR DETERMINING THE SERVICE’S AVAILABILITY, FEATURES, FUNCTIONALITY OR PERFORMANCE, BENCHMARKING OR FOR ANY SIMILAR OR OTHER PURPOSE, IS PROHIBITED. 

GATHER VOICES AND YOU AGREE TO THE FOREGOING, AND AS FOLLOWS:

  1. DEFINITIONS.  As used in this Agreement, and in addition to any other terms defined herein, the following defined terms will have the following meanings:
    1. “Affiliate” means a person or entity that directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the specified person or entity.  “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of more than fifty percent (50%) of the shares or voting securities, by contract or otherwise.  Any such person or entity shall be considered an Affiliate for only such time as such control is maintained.
    2. “Agreement” or “EULA” means the terms of this Agreement for the Service, including the GV App.
    3. “AUP” means GV’s Acceptable Use Policy set forth in Section 4.3.2, below.
    4. “Confidential Information” means: (a) information of GV in all forms which derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, as well as business and marketing plans, technology and technical information, and product plans and designs, and business processes disclosed by GV; and (b) other information that is provided to or obtained by You and that is valuable to GV and not generally known by the public, whether disclosed orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances surrounding disclosure.  Under any circumstances, even if not marked as such, GV’s Confidential Information includes the non-public-facing elements of the Service, Documentation, GV IP and all elements and components and elements thereof, regardless of form, each of which consist of and comprise trade secrets of GV. 
    5. “Device” means an Apple iOS-based or Android-based mobile phone (smartphone) or tablet, laptop, or desktop computer having access to the Internet.
    6. “Documentation” means any electronic “Help” features of the Service (and the GV App) made available by GV describing the functionality or operation of the Service, including the GV App.
    7. “Effective Date” means the effective date of this Agreement, commencing on the date you accepted this Agreement as described above.
    8. “GV App” means the software application made available under the Sponsor’s auspices and sponsorship for downloading and installation on Your Devices as part of the Service for Your use to aid in creating User Content and through which You may upload User Content to the Service.
    9. “Maintenance” means the provision of Updates which, in the case of the GV App, if made available by GV will be made available through the Apple Store or Google Play, depending on Your Device operating system.
    10. “PII” means personally identifying information pertaining to an individual.
    11. “Service” means the online, hosted computer software application, its website interfaces and portals, the GV App and its component Modules, and the features and functionality of each of the foregoing known as “Gather Voices,” as described in the applicable Order Form, including all related Documentation, Updates, and all components and elements thereof, tangible and intangible, in computer software and other form and the GV IP embodied therein, as made available by GV and/or Sponsor.  Reference to the Service in the context of Your obligations shall refer to the Service in its entirety and any part thereof.
    12. “Sponsor” means the organization or other entity, and all of the organization’s third party affiliates, which has arranged with GV to make the Service, including the GV App, available to You under its auspices or sponsorship.
    13. “Sponsor Terms of Service” means the terms of service or other legal agreement between You and Sponsor governing the relationship between You and Sponsor with regard to Your use of the Service.
    14. “Support” means the provision by Sponsor of limited technical support services related to the use and operation of the GV App and the Service consisting of commercially reasonable efforts by Sponsor to respond, during Sponsor’s normal business hours, to Your inquiries submitted via email to Sponsor.
    15. “Subscription” means the subscription license purchased by Sponsor allowing Sponsor to use and make the Service available to You under its auspices for the duration of Sponsor’s Subscription Term.
    16. “Subscription Term” means the period of time during which Sponsor’s applicable Subscription remains valid.
    17. “User Content” means pictures, images, photographs, videos, text, audio, code, reviews, responses, profile entries, questions or and any other content or data, regardless of form, which users of the Service upload, view, distribute, or otherwise transmit to, through or from the Service or create, in whole or in part, using the Service, including PII to the extent included in User Content.  User Content does not include any component or element of the Service itself, nor any of the foregoing items created by GV.
    18. “You” or “Your” refers to the individual or Entity (as defined above) which has accepted this Agreement as described above. 
    19. “Updates” means updates, corrections, modifications and/or functional enhancements to the Service, GV App and/or Documentation, including new versions thereof.

 

  1. THE SERVICE.
    1. License.  GV grants You a non-exclusive, non-transferable, limited, revocable license, for the duration of Sponsor’s Subscription Term (subject to Sponsor’s consent, which it may grant or withdraw in its discretion) to use the Service, including the GV App, as made available to You through your account with Sponsor, to create, upload, distribute, or otherwise transmit to, through or from Sponsor’s account to use the Service, as permitted by its functionality and as described in the Documentation and permitted by this Agreement and the Sponsor Terms of Service, and to use the GV App on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.  You understand and agree that in order for you to use the Service, you must establish a user account with Sponsor and that the administration of the Service and Your User Content as it pertains to You and Your account is controlled by Sponsor, and not GV.  GV is an independent contractor and service provider of Sponsor as it pertains to the Service.  Your account to use the Service is with Sponsor and not GV, but your right to use the Service is contingent upon your compliance with this Agreement and the Sponsor Terms of Service.  GV may exercise any of its right hereunder on its own behalf or on behalf of Sponsor.
    2. User IDs and Logins.  You are responsible and liable for all access to and use of the Service by anyone through any user login or other ID and password chosen by or assigned to You to access the Service (collectively, “Access Credentials”).  You agree to immediately notify GV (via email at legal-inbox@gathervoicesapp.com) and Sponsor of any unauthorized use of any Access Credentials, or any other actual or suspected breach of security related to the Service of which You become aware.  All Access Credentials are and shall remain the property of GV, are hereby assigned to GV and constitute Confidential Information of GV, and must be safeguarded as such.

2.3No Use of Service By Anyone Under 13; Parental Consent Required if You Are Under 18.  The Service, including the GV App, may not be used by any person under thirteen 13 years old.  Any User under the age of 18 must have his or her parent or guardian’s consent to such use.  If You reside in in a jurisdiction that would restrict the use of the Service or any other feature or function of the Service because of the age of the user, You must abide by such age limits, rules, laws or regulations and You must not use the Service if You are legally prohibited from using it in that jurisdiction.  In that case, your parent or guardian will be the responsible party opposite GV under this Agreement.

  1. Security; Privacy.  GV will implement reasonable and appropriate technical and organizational safeguards and security measures in accordance with Applicable Privacy Laws and consistent with prevailing information technology data security and privacy standards to minimize the risk of accidental, unauthorized or unlawful destruction, loss, alteration, disclosure or access to User Content and any PII therein, in all cases subject to events outside GV’s reasonable control and as stated in Section 13.6 (Force Majeure), and the rights granted to GV and Sponsor set forth herein.  GV’s Privacy Policy describes how GV collects and treats PII, and You agree to the provisions of GV’s Privacy Policy.  Nevertheless, because there is no such thing as absolute, 100% security or privacy on the Internet, GV makes no guarantee that any data, including PII and Your User Content, will be 100% secure.  Your User Content and Your PII will also be subject to the data security and privacy practices of the Sponsor.  GV does not control the data security or privacy practices of the Sponsor and urges you to consult the Sponsor’s privacy policy and the Sponsor Terms of Service.  Nothing in this paragraph shall be interpreted to limit GV’s rights under Section 6.2 (License to GV and Sponsor), nor any of such rights sublicensed to Sponsor.
  2. Maintenance; Support.  Updates to the GV App will be made available, at GV’s discretion, through the Apple Store or Google Play, as applicable, when GV makes them available to its customers and users generally.  GV shall be under no obligation to make Updates available to the GV App or Service.  Sponsor may provide limited Support with regard to the GV App and the Service.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the GV App. 
  3. Limitations on Usage.  Use of the Service and the quantity or volume of User Content You may upload to the Service shall be subject to the quantities of disk storage space, memory, and/or data transfer (“in” and “out”) purchased by Sponsor and other factors. 
  4. Included Third Party Software.  Certain features of the Service may be implemented by included third party software.  GV may be required to publish the terms, disclaimers and notices applicable to such third party software.  If so, they will be made accessible through the Service and/or GV App, and Your use of the Service and/or GV App constitutes your agreement to same.
  5. Suspension of Access.  GV or Sponsor may immediately suspend or disable Your access to and use of the Service if, as a result of Your use of the Service or breach of this Agreement, GV or Sponsor reasonably believes: (a) GV or Sponsor is likely to be subject or exposed to criminal or civil sanctions, prosecution or suit; (b) such use or breach is likely to cause harm to GV or Sponsor or GV’s or Sponsor’s other customers or their respective employees or interfere with the integrity, operations or security of the Service or GV’s or Sponsor’s network or systems or those with which GV or Sponsor’s is interconnected, or interfere with another customer’s use of any of the foregoing.  GV or Sponsor may also suspend or disable Your access to and use of the Service if required in order to comply with a court order or government notice.  In the exercise by GV or Sponsor of the right to act immediately under this paragraph, GV shall provide such advance notice as is reasonably practicable under the circumstances.  If advance notice is not reasonably practicable, GV shall provide subsequent notice promptly thereafter.  You shall promptly cooperate with GV or Sponsor in attempting to resolve the issue giving rise to any suspension or disablement of Your access to and use of the Service.  The foregoing shall be in addition to the termination rights of either Party hereunder.
  6. Links to Third Party Services.  The Service may contain links to or integrate with various third party services, applications, functions, websites and otherwise (collectively, “Third Party Services”), not under GV’s or Sponsor’s control.  Accordingly, You agree that neither GV nor Sponsor shall be responsible for the quality, safety, security, availability, completeness, accuracy, or nature of the content or any other aspect of such Third Party Services, nor can GV or Sponsor make any guarantee or warranty with regard to Third Party Services.  Any such links or integration are provided solely as a convenience to You and shall not be regarded as an endorsement by GV or Sponsor of these Third Party Services, the companies which own or provide them, their content or their services, applications, functions, products or otherwise.  Your use of Third Party Services may be subject to the separate policies, privacy practices, terms of use and/or fees imposed by their operators, is entirely at Your own risk, and GV and Sponsor disclaim any and all representations, warranties and liability with respect to Third Party Services.
  7. The Service is Not a Data Backup Service.  You agree that You will not rely on the Service for the purposes of backup or storage of Your User Content.  Furthermore, neither GV nor Sponsor will be liable to You for any modification, suspension, or discontinuation of the Service, the GV App or the loss of or damage to any User Content.  You also acknowledge that the Internet may be subject to breaches of security and that Your User Content or other information may not be secure.

 

  1. USER CONTENT.
    1. You Are Responsible for Your User Content.  As between You and GV and Sponsor, You have sole responsibility and liability for Your User Content and for ensuring that it does not violate GV’s AUP set forth below or otherwise violate the legal rights of any third party.  You, and not GV or Sponsor, are entirely responsible and liable for any claims, losses or damages relating to all User Content that You upload or otherwise transmit via the Service, including with regard to: (a) any information or material or data, including video, audio or other content, contained within Your User Content, and any resulting violation or infringement of intellectual property rights, privacy rights or other legal rights of any third party; (b) Your failure to obtain model releases, property releases, or any other required waiver or release; or (c) any other violation of law related to User Content or its subject matter.  You agree to indemnify, defend and hold harmless GV and Sponsor with respect to any claims arising in any way from Your User Content or Your use of the User Content of others, and to provide the indemnity set forth in Section 11 (Indemnification).  Neither GV nor Sponsor shall have any obligation or responsibility to review, filter or edit User Content, but they shall have the right to do so if they choose.  For purposes of defamation and other laws, neither GV nor Sponsor is the publisher of User Content. 
    2. User Content of Others.  User Content does not necessarily reflect the views of GV or Sponsor, nor should GV or Sponsor be viewed as endorsing any User Content in any way.  User Content uploaded or viewable through the Service by You or others, is provided by users like You who are unaffiliated with GV or Sponsor, and the user providing User Content is solely responsible for his/her own User Content.  It is possible that the Service may contain User Content of others that violates the AUP, is offensive or objectionable, contains errors, violates intellectual property, privacy, publicity or other rights of third parties, or is harmful to Your Devices, computers or networks.  Your use of the Service or any User Content of others is entirely at Your own risk, and GV and Sponsor disclaim any and all representations, warranties and liability with respect to User Content.  Neither GV nor Sponsor, or their respective Affiliates, and their respective officers, directors, and employees, are responsible for any User Content, the accuracy or opinions expressed on the Service, nor shall they have any liability for any User Content.  You are responsible for implementing safeguards and taking precautions necessary to protect Yourself and others, and Your Devices, computers and network from any possible harm resulting from access to User Content. 
    3. No Compensation for User Content.  GV, its licensees, Affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by You hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with Your User Content.  Nothing in this Agreement obligates GV or any other person or entity to exercise any of the rights granted by You under this Agreement.  You will not receive any compensation of any kind for Your User Content or its use, regardless of any industry practice or custom.  Neither GV nor Sponsor, nor their respective Affiliates, successors and/or assigns, shall have any obligation to give You credit or attribution for Your User Content, but in their sole discretion may choose to do so. 
    4. Deletion of Your Account.  You may delete or deactivate your account on the Service (including your user name and profile) once it is created, but you may not you edit or delete any User Content or your PII once it has been submitted to the Service. GV and/or Sponsor may retain your PII and/or User Content to the fullest extent permitted by applicable law and as described in this Agreement and in Sponsor’s Terms of Service and in GV’s and/or Sponsor’s respective Privacy Policies.  GV and/or Sponsor may also discard your User Content and/or PII at their respective discretion and will have no obligation to notify you or provide you with a duplicate copy; therefore, you should retain your own records of any content or other information that you submit to GV or Sponsor through use of the Service or otherwise.
    5. User Content Cannot be Deleted, is Not Confidential, and is Non-Returnable.  Subject to Section 3.4, You recognize and agree that uploading any of Your User Content to the Service is completely voluntary, but once You do, You will not be able to edit or delete it from the Service or any website operated by GV or Sponsor (subject to Your rights under Section 3.5 (Request That User Content No Longer Be Made Publicly Accessible), and that Your User Content will not be returned or acknowledged (except possibly by an upload confirmation).  Sponsor and/or GV shall have sole discretion as to the disposition of Your User Content, including whether Your User Content will be used, stored, deleted, modified, made publicly viewable on Sponsor’s website or on the Service, or otherwise, subject to applicable laws, and You agree that You shall no longer have any control over Your User Content.  You should have no expectation of confidentiality with regard to Your User Content.  Your User Content will not be held in confidence, and uploading User Content does not create any fiduciary or confidential relationship or obligation to You with or on the part of GV or Sponsor.  Neither GV nor Sponsor shall have any obligation to You, either during the term of this Agreement or afterwards, to preserve, maintain, store, delete or make Your User Content available to You, and may delete or destroy, at any time, Your User Content and all copies on the Service, their respective systems or otherwise in their respective possession or control, except to the extent prohibited by law.
    6. Request That User Content No Longer Be Made Publicly Accessible.  If you have a good faith reasonable belief that any of Your User Content violates the AUP or is otherwise in violation of applicable law, and You therefore wish that it no longer be accessible through the Service, You must contact Sponsor directly in writing and describe in detail the nature of the User Content, the approximate date(s) on which it was uploaded, the nature of your concerns and why you believe they justify a takedown of the User Content.  You must also send a copy of your request to GV in accordance with Section 13.4 (Notices).

 

  1. ADDITIONAL RESPONSIBILITIES; RESTRICTIONS.

4.1Internet Access; Computing Environment.  You are responsible for obtaining, installing, maintaining, and operating all Devices, computer hardware, software, and Internet access services necessary to use or access any aspect of the GV App or browser-based functionality and the Service, and GV or sponsor will not be responsible or liable for any errors or issues that arise from the malfunction or failure of any of the foregoing.  You are responsible for all data charges you incur through use of the Site.

4.2Sponsor Terms of Service.  You are responsible for complying with the Sponsor Terms of Service.  GV is not responsible or liable for your relationship with Sponsor, nor for any representations, warranties or other commitments made by Sponsor to You, nor which You make to Sponsor.  In the event of any inconsistency or conflict between this Agreement and the Sponsor Terms of Service as they pertain to your rights and obligations with regard to the Service and Your User Content, and GV’s liability, this Agreement shall govern to the extent of such inconsistency or conflict. 

  1. Restrictions. 
    1. General.  You agree that the Service contains content, information and material proprietary to GV and/or its licensors that is protected by applicable intellectual property laws and other laws, including copyright laws, as more fully described in Section 6.4 (The Service; GV Materials) below, and that You will not use the Service except in accordance with this Agreement, the Sponsor Terms of Service and as permitted by its included functionality.  No portion of the Service, including the GV App may be reproduced in any form or by any means.  You agree not to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof, or rent, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, nor use or exploit the Service in any unauthorized way, whether by trespass, “data mining,” “data scraping,” unduly burdening network capacity, or in any other manner prohibited under GV’s AUP or otherwise in violation of this Agreement or the Sponsor Terms of Service.  You further agree that You will not use the Service for framing or linking to other websites or locations on the Internet, without GV’s prior written consent, nor attempt to circumvent or defeat the Service’s security features or hack into parts of the Service that are not expressly authorized for Your use. 
    2. Acceptable Use Policy (AUP).  Your use of the Service is subject to Your compliance with GV’s Acceptable Use Policy set forth in this Section 4.3.2 (the “AUP”).  You may not use the Service, nor permit anyone else to use the Service, to create, upload, store, process, display, transmit or distribute material, User Content or any other information or materials:
  1. that infringes or misappropriates a third party's intellectual property or proprietary rights, including patents, copyrights, trade secrets and trademarks;
  2. that discloses confidential or trade secret information or materials in breach of a legal obligation not to disclose such information or materials;
  3. that violates or encourages conduct that would violate any applicable laws, including any criminal laws, or any third party rights, including confidentiality, publicity or privacy rights;
  4. that constitutes Protected Health Information (PHI) under the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA), and its associated rules and regulations;
  5. that is obscene or excessively profane;
  6. that may be harmful to minors;
  7. that promotes or advocates hatred or violence, or promotes or encourages discrimination against or intolerance of any person or group based on race, ethnicity, religion, sex, sexual orientation or on any other basis which would constitute a violation of law;
  8. that advocates or provides instructions regarding computer hacking or cracking;
  9. that advocates or provides instructions for use of illegal weapons or weapons of mass destruction;
  10. intended to recruit individuals to join a terrorist organization or which otherwise furthers the agenda of a terrorist organization;
  11. related to phishing or other methods of identity theft;
  12. related to drug paraphernalia;
  13. related to or consisting of illegal or malicious malware such as viruses, worms, time bombs, trojan horses and other harmful or malicious files, scripts, agents or programs;
  14. that is false and defamatory;
  15. material or information constituting “fake news,” i.e., information of public interest depicted to be actual or true but known to be false, or which should reasonably be known to be false, for political or other purposes, except for satire; or
  16. unsolicited commercial email (spam), including: (i) sending communications or email in violation of the CAN-SPAM Act or any other applicable anti-spam law or regulation; (ii) spoofing, imitating or impersonating GV, another person or his, her or its email address, or creating false accounts for the purpose of sending spam; (iii) data mining, scraping or harvesting any web property (including any part of the Service) to find email addresses or other user account information; (iv) sending unauthorized email via open, third-Party servers; (v) sending email to users who have requested to be removed from a mailing list; (vi) selling to, exchanging with, sharing with or distributing to a third party PII, including the email addresses of any person without such person's knowing and continued consent to such disclosure; or (vii) sending spam to significant numbers of email addresses belonging to individuals and/or entities with whom You have no preexisting relationship. 

Any violations of this AUP will constitute a material breach of the Agreement and may result in termination of this Agreement or suspension of Your account and/or termination or suspension of access to the Service by any User involved in such violation. 

 

  1. WARRANTIES; REMEDIES.
    1. By GV.  GV represents, warrants and agrees, solely for Your benefit, as follows:
      1. It has the full right and authority to enter into this Agreement and owns all rights, title and interest in and to the Service, or has the right to make the Service available to You;
    2. By You.  You represent, and warrant and agree, for the benefit of GV and Sponsor, as follows:
      1. You have the full right and authority to enter into this Agreement and Your use of the Service will comply with all applicable laws and regulations;
      2. You own or otherwise have sufficient rights to Your User Content, and have obtained all approvals and permissions required, for uploading, distributing, or otherwise transmitting to, through or from the Service, or creating using the Service, Your User Content, including any necessary model releases from people, and property releases with regard to buildings, cars, works of art, statues, pets, etc., appearing in any images and videos and other materials and information contained within Your User Content, and as otherwise may be required by law in order to comply with this representation and warranty, and for granting to GV and Sponsor the rights to Your User Content contained in this Agreement.  You further represent and warrant that none of the foregoing acts or any other act or omission by You involving Your User Content or the Service will violate, misappropriate or infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, and that You will pay for all royalties, fees, damages and any other monies owed as a result of a claim resulting from any of the foregoing acts or omissions associated with Your User Content and Your use of the Service; and
      3. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and You are not listed on any U.S. Government list of prohibited or restricted parties.
    3. Exceptions.  GV’s warranties do not apply: (a) if You are or were in breach of this Agreement at the time the alleged breach of warranty occurred; (b) with regard to any element of the Service which has been altered, misused or damaged in any way by You; or (c) if the claimed breach is caused by changes in, or modifications to, the operating characteristics of any Device or computer hardware or software within Your computing environment or which occur as a result of the use of the Service in conjunction with incompatible Devices, hardware or software.
    4. Exclusive Remedies.
      1. GV’s entire liability and Your sole and exclusive remedy for GV’s breach of the above representation and warranty shall be that GV shall either, in its sole determination, use commercially reasonable efforts to correct such breach or, terminate this Agreement upon notice to You and refund to You the price You paid for the GV App (if any) up to a total aggregate limit of fifty dollars ($50), regardless of the number of Devices on which it installed.  To receive this remedy, You must report an alleged breach of warranty to GV in writing and in reasonable detail.  In all cases where GV terminates this Agreement pursuant to this paragraph, GV’s refund obligations shall be contingent upon receipt from You of certification that You have deleted all copies of the GV App on all Devices in Your possession or control. 
      2. Notwithstanding anything to the contrary in this Section 5 (Warranties; Remedies), in the event of any failure of the GV App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the GV App to You.  Further, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the GV App, and no claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty may be made against Apple.
    5. No Other Warranties.  EXCEPT AS EXPRESSLY PROVIDED HEREIN, GV MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND GV SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  BETA RELEASES OF THE SERVICE, INCLUDING THE GV APP, ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND WHATSOEVER. 

 

  1. OWNERSHIP RIGHTS; LICENSE RIGHTS.
    1. Ownership of Your User Content.  As between You and GV and Sponsor, You are the owner of Your User Content, subject to the rights granted to GV and Sponsor in Section 6.2 (License to GV and Sponsor), below.
    2. License to GV and Sponsor.  By uploading Your User Content to the Service, whether through the GV App or directly through Sponsor’s or GV’s online website providing access to the Service, You agree that You are granting to GV and Sponsor, jointly and severally (including to their respective Affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, (and in the case of GV, sub-licensable and assignable), non-exclusive right and license to use, host, store, reproduce, communicate, transmit, publish, publicly display, publicly perform, modify, create derivative works of, distribute, Your User Content, and to incorporate Your User Content in other works, in whole or in part, in any manner and any media now known or developed in the future, and to use Your Content it to make available, improve, promote and protect the Service, including to develop aggregate ratings, personalize site views, market products or services or identify or feature popular members, or otherwise as deemed necessary or desirable by GV and/or Sponsor in the operation of their respective businesses and/or use of the Service.  The foregoing may include GV and/or Sponsor featuring Your User Content or screen capture images from Your User Content on GV’s and/or Sponsor’s customer page on their respective websites, on GV’s and/or Sponsor’s respective social media sites, and GV’s and/or Sponsor’s Google Play and Apple Store pages.  You hereby waive any claims against GV and Sponsor relating to any moral rights, artists’ rights or any other similar rights throughout the world that You may have in or to Your User Content, any right of inspection or approval of any such use of Your User Content, and any claim to remuneration for Your User Content and/or the rights granted herein.  Notwithstanding anything to the contrary in this paragraph or elsewhere in this Agreement, and for the avoidance of doubt, all rights granted to GV and Sponsor in this paragraph shall be worldwide, royalty-free, perpetual, irrevocable, (and in the case of GV, sub-licensable and assignable), and non-exclusive to GV and Sponsor.  The foregoing rights, in the case of GV, shall include the right to create, compile, license, sell and otherwise use or dispose of, in any manner, aggregated and anonymized statistical data regarding Your use of the Service and information that may be gleaned from such aggregated and anonymized statistical data, provided that You are not identifiable by name in any such data.  GV shall own all rights, title, and interest in and to such aggregated and anonymized statistical data. 
    3. Use of Your Name and Likeness.  By uploading Your User Content on the Service, You consent to the recording, use and reuse for any legal purpose by GV and Sponsor, their respective Affiliates, successors and assigns, of Your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including any information contained in Your User Content (collectively, “Personal Elements”), which GV and/or Sponsor may edit, alter, modify, in its or their sole discretion, in any and all media now known or developed in the future, throughout the world, in perpetuity, and exercise all other rights with respect thereto as GV and Sponsor may exercise with regard to Your User Content as set forth in this Agreement, including in and in connection with the advertising, promotion and publicity of GV’s and Sponsor’s respective businesses.
    4. The Service; GV MaterialsThe Service, including the GV App and all computer software in source code, object code or other form, databases, indexing, search, and retrieval methods and routines, hypertext markup language code, active server pages, intranet pages, and similar materials, and all intellectual property and other rights, title, and interest therein, including copyrights, trade secrets, rights in patents, compilations, inventions, modifications, updates, extensions, enhancements, configurations, derivative works, discoveries, improvements, processes, methods, designs and know-how, whether or not copyrightable or patentable, pertaining to any of the foregoing (all of which shall be deemed part of the Service), whether conceived by GV alone or in conjunction with others, but except for any trademarks, service marks or trade dress of Sponsor (collectively, “GV IP”), are owned by GV and/or its licensors, protected by applicable intellectual property laws of the United States and other countries, including but not limited to copyright, and the non-public-facing elements thereof constitute trade secrets and confidential information of GV.  Except for the rights expressly granted to You in this Agreement, all rights in the Service and all GV IP and any other proprietary rights thereto, are and shall remain solely owned by GV and its respective licensors and are hereby assigned to GV.  GV reserves all rights not expressly granted to You in this Agreement.

 

  1. PRICE AND PAYMENT.  Use of the Service is FREE to You, except for the price charged to download the GV App, if any.

 

  1. TERM AND TERMINATION.
    1. Term.  The term of this Agreement shall commence on the Effective Date and shall continue in force and effect until its termination or expiration in accordance with Section 8.2 (Termination) below. 
    2. Termination.  This Agreement is effective until the earlier to occur of: (a) termination by You by notice to GV and Sponsor as required hereunder; (b) Your violation of any provision of this Agreement, in which case this Agreement shall automatically terminate without notice from GV or Sponsor; or (c) termination of the agreement between Sponsor and GV with regard to the Service. 
    3. Effects of Termination.  Upon termination of this Agreement for any reason, You shall cease all use of the GV App and the Service and destroy all copies, full or partial, of the GV App on any Device, computer or storage media in your possession or under your control. 
    4. Survival.  Upon termination or expiration of this Agreement for any reason, the following provisions shall continue and survive in full force and effect: the paragraphs in capitalized letters at the beginning of this Agreement, and Sections 1 (Definitions), 3 (User Content), 4 (Additional Responsibilities; Restrictions), 5.5 (No Other Warranties), 6 (Ownership Rights; License Rights), 8 (Term and Termination), 9 (Confidentiality), 10 (Limited Liability), 11 (Indemnification), 12 (U.S. Government Restricted Rights) and 13 (General Provisions), in addition to such provisions which by their nature are intended to survive termination or expiration of this Agreement.

 

  1. CONFIDENTIALITY. 
    1. General.  You agree to hold in confidence and, without the consent of GV or as otherwise expressly permitted hereunder, not to use, reproduce, distribute, transmit, or disclose, directly or indirectly, the Confidential Information of GV except as expressly permitted hereunder.  You will be responsible to GV for any damages for unauthorized use, disclosure, duplication or other misuse of the Confidential Information resulting from its possession by a third party which obtained it from You.  Without limiting the foregoing, You agree to exercise at least diligent and reasonable care to protect the confidentiality of GV’s Confidential Information.  GV does not agree to receive any of Your confidential information and You agree not to provide any to GV, whether through the Service to GV. 
    2. Exceptions.  Except with respect to the Service and all non-public-facing components and elements thereof which shall remain Confidential Information of GV, Confidential Information shall not include information if and only to the extent that You establish that the information: (a) is or has become a part of the public domain through no act or omission of You; (b) was in Your lawful possession prior to the disclosure and had not been obtained by You either directly or indirectly from GV or Sponsor; (c) was lawfully disclosed to You by a third party without restriction on disclosure; or (d) was independently developed by You without reference to GV’s Confidential Information.  If required by a lawful, validly issued subpoena, order of a court of competent jurisdiction, or request for information from a governmental agency, You may disclose only that part of the Confidential Information of GV which You are legally required to disclose, in the opinion of Your legal counsel, and shall notify GV prior to such disclosure in order to provide GV an opportunity to seek an appropriate protective order or other judicial relief to prevent such disclosure.  Notwithstanding the foregoing, You shall cooperate (at GV’s expense) in all efforts of GV to prevent disclosure of GV’s Confidential Information.  A copyright notice on the Service or any part thereof or on other materials shall not be deemed evidence of publication or public disclosure.
    3. Remedy.  You acknowledge that any use or disclosure of GV’s Confidential Information in a manner inconsistent with the provisions of this Agreement may cause GV irreparable damage for which remedies other than injunctive relief may be inadequate, and You agree that GV shall be entitled to receive from a court of competent jurisdiction injunctive or other equitable relief to restrain such use or disclosure in addition to other appropriate remedies.

 

  1. LIMITED LIABILITY.
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY, FOR ANY AND ALL CLAIMS, OF EACH OF GV AND SPONSOR, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, PARENTS AND ANY OF THEIR RESPECTIVE LICENSORS, SUBCONTRACTORS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, OR RESELLERS, UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY AND ALL CLAIMS OR LIABILITIES, BASED ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, WHETHER RELATING TO THE SERVICE OR ANY PART THEREOF, OR SUPPORT, MAINTENANCE OR OTHERWISE, SHALL NOT EXCEED THE PRICE YOU PAID, IF ANY, TO DOWNLOAD THE GV APP (WHICH AMOUNT MAY BE ZERO), BUT UNDER ANY CIRCUMSTANCES NOT MORE THAN THE SUM OF FIVE (5) DOLLARS. 
    2. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL GV AND SPONSOR, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, PARENTS AND ANY OF THEIR RESPECTIVE LICENSORS, SUBCONTRACTORS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, OR RESELLERS, UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY AND ALL CLAIMS OR LIABILITIES, BASED ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, WHETHER RELATING TO THE SERVICE OR ANY PART THEREOF, OR SUPPORT, MAINTENANCE OR OTHERWISE, BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING RESULTING FROM UNAUTHORIZED ACCESS TO, OR THE ALTERATION, DELETION, DESTRUCTION, DAMAGE, LOSS, DISCLOSURE, UNAVAILABILITY OR FAILURE TO STORE YOUR USER CONTENT OR OTHER DATA OR CONTENT, NOR FROM DELAYS, LOSS OF PROFIT, INTERRUPTION OF SERVICE OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY PORTION THEREOF, INCLUDING CESSATION OR MODIFICATION OF ANY ASPECT OF THE SERVICE, OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, BASED ON ANY THEORY OF LIABILITY, WHETHER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, EVEN IF GV OR SPONSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.  THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY USER CONTENT OR OTHER DATA OR INFORMATION.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GV AND SPONSOR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, PARENTS AND ANY OF THEIR RESPECTIVE LICENSORS, SUBCONTRACTORS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, OR RESELLERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR SERVICE, WITHOUT LIMITING THE FOREGOING, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (A) YOUR FAILURE TO COMPLY WITH ANY PROVISION OF THE GV TERMS OF SERVICE, SPONSOR TERMS OF SERVICE OR FOR UNAUTHORIZED USE OF YOUR ACCOUNT (OR SHARING OF SOCIAL FEATURES) OR (B) USER CONTENT POSTED TO THE SITE OR THE SERVICE BY YOU OR ANY THIRD PARTY.
    3. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT: (A) NEITHER APPLE, GV NOR SPONSOR SHALL HAVE ANY RESPONSIBILITY FOR ADDRESSING ANY CLAIMS YOU OR ANY THIRD PARTY MAY HAVE RELATING TO THE GV APP OR YOUR POSSESSION AND/OR USE OF THE GV APP, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE GV APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION; AND (B) IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE GV APP OR YOUR POSSESSION AND USE OF THE GV APP INFRINGES THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, NEITHER APPLE, GV NOR SPONSOR WILL HAVE ANY RESPONSIBILITY FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
    4. THE PROVISIONS OF THIS SECTION 10 (LIMITED LIABILITY) ARE FUNDAMENTAL AND SPECIFIC REQUIREMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GV AND GV WOULD NOT BE ABLE TO ENTER INTO THIS AGREEMENT WITHOUT SUCH PROVISIONS.  THIS SECTION 10 (LIMITED LIABILITY) SHALL BE APPLICABLE IN ALL RESPECTS TO LIMIT THE LIABILITY OF SPONSOR TO THE SAME EXTENT AS GV’S LIABILITY IS LIMITED.
    5. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, THE LIABILITY OF THE PARTIES TO WH ICH THEY APPLY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF A COURT OF COMPETENT JURISDICTION FINDS THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY IN THIS AGREEMENT TO BE UNCONSCIONABLE.

 

  1. INDEMNIFICATION.  You agree to defend, indemnify, and hold GV, Sponsor, and their respective Affiliates, subsidiaries, parents and each of their respective licensors, subcontractors, directors, managers, employees, agents, distributors, marketing partners, or resellers, and their respective employees and subcontractors (collectively, the “Indemnitees”) harmless from and against any and all claims, actions, and other proceedings, and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses (collectively, “Losses,” and including reasonable attorneys’ fees and court costs), arising out of any claims (each, a “Claim”) related to: (a) Your use or modification of the Service or any part thereof; (b) the violation of any rights of any third party in connection with Your use of the Service or any part thereof; (c) Your User Content; (d) any act or omission by you; (e) any breach by you of this Agreement, including any breach by you of any covenant, representation or warranty made by you; and/or (f) Your violation of any laws, rules or regulations in connection with Your use of the Service.  This indemnification obligation shall survive any termination of this Agreement.  You shall have the right and obligation to assume full defense and control of such Claim and GV (or other applicable Indemnitee, as the case may be) shall reasonably cooperate with You in connection with Your obligation to defend a Claim.  Nevertheless, GV (or other applicable Indemnitees, as the case may be) may reasonably participate in such defense and/or assume control of such defense at Your expense if it appears that You are not reasonably capable, for any reason, of fulfilling Your defense obligations or fail to do so or act in such a manner that GV’s or the applicable Indemnitee’s rights shall likely be jeopardized or prejudiced.  You agree not to settle or compromise any Claim in a manner other than the payment of monies without the prior written consent of GV or the applicable Indemnitee, such consent not to be unreasonably withheld or delayed.

 

  1. U.S. GOVERNMENT RESTRICTED RIGHTS.  If the Service is used in any manner by for the benefit of the U.S. Government, its agencies or instrumentalities, whether through agreement, subcontract or by any other authority or means, the following shall apply:  The Service is provided with RESTRICTED RIGHTS and constitute “Restricted Computer Service.”  “Restricted Computer Service,” as used in this clause, means computer software developed at private expense and that is a trade secret; is commercial or financial and is confidential or privileged; or is unpublished copyrighted computer software, including minor modifications of any such computer software.  Use, duplication or disclosure by the U.S.  Government, its agencies and/or instrumentalities, is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer software clause at 48 C.F.R. 252.227-7013 or subparagraphs (i) (1) and (2) of the Commercial Computer Service Restricted Rights of 48 C.F.R. 52.227-b19, as applicable, or their respective successor provisions.  In addition, or alternatively, at GV’s option, all software and software-related items licensed herein are “Commercial Computer Service” or “Commercial Computer Software Documentation” as defined in FAR 12.212 for civilian agencies and DFARS 227.7202 for military agencies, as applicable, or their respective successor provisions.  The intent of the Parties is that no intellectual property rights or confidentiality of the Service is lost, diminished or transferred as a result of the execution of this Agreement.  For purposes of this Agreement, all computer code underlying the Service is unpublished – all rights reserved under the Copyright Laws of the United States. 

 

  1. GENERAL PROVISIONS.

13.1Assignment.  You shall not assign, delegate, or otherwise transfer this Agreement or any of Your rights or obligations hereunder, either voluntarily or by operation of law. 

13.2Compliance with Laws.  You are responsible for complying with all laws and regulations applicable to Your User Content and to Your use of the Service.  You shall not use or export (electronically or otherwise) the Service or any component thereof outside of the U.S. other than in compliance with all applicable U.S. export laws, rules, and regulations.  You shall be solely responsible for such compliance.  You agree to keep such books and records and to take such other actions as may be required by such applicable laws, rules and regulations. 

  1. No Waiver.  No delay or failure in exercising any right hereunder and no partial or single exercise thereof shall be deemed to constitute a waiver of such right or any other rights hereunder.  No consent to a breach of any express or implied term of this Agreement shall constitute a consent to any prior or subsequent breach.
  2. Notices.  Any notices, approvals, and consents by You under this Agreement or any other communications you may wish to make to GV must be sent in writing (which includes email) to Gather Voices, LLC, 4021 N. Broadway, Chicago, Illinois 60613; Attention: GV Legal, Email: legal-inbox@gathervoicesapp.com, and shall be deemed to have been given upon: (a) personal delivery, (b) the second business day after mailing via a national postal service with the proper postage affixed, and (c) the first business day after sending by email.  All written notices shall also be sent via email.  GV may communicate with you for all purposes at the email address you provided when you registered to use the Service.
  3. Severability.  If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law.
  4. Force Majeure.  Except for payment obligations hereunder, and notwithstanding anything in this Agreement to the contrary, neither Party will be liable or deemed to be in default for any delay or failure in performance hereunder to the extent resulting from causes beyond the Party’s reasonable control, including the acts or omissions of third parties, the acts or omissions of the other Party or any delay or failure of the other Party to fulfill its obligations hereunder, acts of God, terrorism, war, civil insurrection, strikes or other organized labor interruption, communications, mechanical, electronic, Internet or other utility interruptions or failures, including denial of service and other cyber-attacks or unauthorized or malicious data or system intrusions, including computer viruses or other malicious code, fire, explosions, floods or other natural disasters, or any similar cause. 
  5. Governing Law; Jurisdiction.  This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without reference to its choice of law rules and as if wholly performed within Illinois.  Any judicial action or proceeding between the Parties relating to this Agreement must be brought in the federal or state courts located in Cook County of Illinois.  Each Party consents to the jurisdiction of such courts, agrees to accept service of process by mail, and hereby waives all jurisdictional and venue defenses otherwise available to it. 
  6. Complete Agreement.  This Agreement, including any Exhibits attached hereto, supersedes in full all prior discussions and agreements, oral and written, between the Parties relating to the subject matter hereof, and constitutes the entire understanding of the Parties.  No additional terms proposed by You, whether electronically or otherwise or associated with any document You send to GV, shall be applicable to this Agreement or any GV products or services at present or in the future, absent the express manual written consent thereto by GV. 
  7. Modification.  GV may update and modify this Agreement from time to time by posting a modified or replacement version on the GV website.  The modified Agreement will become effective and binding on the next business day after it is posted unless otherwise stated therein and You agree that such posting constitutes sufficient notice of the modification. 
  8. No Third Party Benefit, Except for Apple and Sponsor.  The provisions of this Agreement are for the sole benefit of the Parties hereto, and this Agreement neither confers any rights, benefits, or claims upon any person or entity not a Party hereto nor precludes any actions against, or rights of recovery from, any persons or entities not Parties hereto; provided, however, that notwithstanding the foregoing, Apple and Sponsor, and their respective subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple and Sponsor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.
  9. Feedback.  During the course of this Agreement or otherwise, You may provide, or GV may solicit, input regarding the Service, including comments, feedback or suggestions regarding the possible creation, modification, configuration, correction, improvement or enhancement of the Service, GV’s web site or any of GV’s or GV’s Affiliates’ products or services, or their operation, functions or features (collectively, “Feedback”).  Any information GV discloses to You related to or in response to Feedback shall be protected as Confidential Information of GV subject to the protections of Section 9 (Confidentiality).  For the consideration provided to You in the form of the right to use the Service, You agree that GV shall own all rights, title, and interest in and to the Feedback, even if You have designated the Feedback as confidential.  GV and its Affiliates will be entitled to use the Feedback without restriction.  You hereby irrevocably assign to GV all rights, title, and interest in and to the Feedback and agree to provide GV any reasonable assistance GV may require to document, perfect, and maintain its rights in the Feedback.
  10. Relationship of the Parties.  For purposes of this Agreement, neither Party is an agent of the other, and neither Party has any express or implied authority to act on behalf of, or make any representations whatsoever on behalf of, the other.  Each Party is an independent contractor with respect to the other and neither Party shall have the power or authority to bind the other Party to any contract or obligation.
  11. Terms Generally.  The defined terms in this Agreement shall apply equally to both the singular and the plural forms of the terms defined.  The term “person” includes individuals, corporations, partnerships, trusts, other legal entities, organizations and associations, and any government or governmental agency or authority.  The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”  The words “approval,” “consent” and “notice” shall be deemed to be preceded by the word “written.”  The word “term” shall be deemed to refer to any term, condition or other type of provision under this Agreement.  The word “will” shall be deemed synonymous with “shall” when referring to the acts or obligations of a Party.  References to this Agreement in the context of any requirement of either Party to perform in accordance with this Agreement shall be interpreted to refer to the terms of this document, and such other terms as are contained in any Exhibit. 
  12. Construction.  Each Party acknowledges that it has had the opportunity to have this Agreement reviewed by legal counsel and that the rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any other document executed and delivered by either Party in connection with the transactions contemplated by this Agreement.  The captions in this Agreement are for convenience of reference only and shall not be used to interpret this Agreement.  All dollar amounts stated in this Agreement are in U.S. dollars.

End of Agreement.

Gather Voices Privacy Policy

Privacy Policy

Effective Date: November 10, 2016

This Privacy Policy (the “Policy”) is applicable to the website located at http://gathervoices.gvproapp.com (together with all microsites or subdomains hosted thereunder, and any other website or mobile application that links to this Privacy Policy, however accessed, collectively, the “Site”), which is hosted and administered by Gather Voices, LLC (“Gather Voices”) on behalf of Gather Voices (the “Corporation”).  In this Policy the terms “we” and “us” refer to the Corporation and/or Gather Voices, as applicable.  The Policy is designed to help you understand generally how this Site collects, uses or discloses personally identifiable information (“PII”) about you. Your visit to the Site is subject to this Policy and our Terms of Service; by accessing the Site you acknowledge and agree to accept the Policy and Terms of Service, which we may amend at any time. Each time you return to the Site, you are bound by the then-current version of this Policy. You are advised to consult the “Privacy Policy” link on this Site each time you visit the Site.

THE TERMS OF SERVICE FOR THIS SITE INCORPORATE THIS POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY OR THE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE.

If you have any questions or issues with respect to the Policy, please contact us as at: http://www.gathervoicesapp.com To the fullest extent permitted by law, you agree to receive all legally required notices regarding this Policy or any privacy or security breaches relating to the Site by email at the address you use to contact the Site.

1. Information you provide.  We collect the following information that you provide us directly:


Registration. When you register to use the Site, you will provide your full name and you will create a unique user name and password, using your email address. You will need to provide this user name and password each time you log in to your account.

 

User Content and Metadata. You may elect to submit User Content through the Site.  User Content is any video, image or other content you submit through the Site.  Metadata may be stored with your User Content.  Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.

 

Communications between you and the Corporation. You may send the Corporation help inquiries or the Corporation may send you Site-related emails.

 

Additionally, if you are accessing parts of the Site that are password-protected, then (i) once you submit your password, the Site will recognize who you are and collect all information that you submit, including all electronic information, and (ii) any information collected about you from the Site may be associated with other identifying information we have about you.


It is always your choice whether to provide PII about yourself, and if you submit PII about any other person, you need his or her prior written consent. DO NOT SUPPLY PII ABOUT OTHERS UNLESS YOU HAVE THEIR CONSENT. BY SUBMITTING PII ABOUT OTHERS, YOU HEREBY REPRESENT AND WARRANT TO THE CORPORATION THAT YOU HAVE FULL AUTHORITY TO DO SO.

 

2. Other information we collect; Cookies. Sometimes we collect information about you without your submitting it.  For example, we may collect your IP address each time you request a page during a visit to the Site.  Information collected by us may also include, but is not limited to, data regarding device/browser types, screen/pages visited, crashes, mobile application installs, videos recorded, videos uploaded, demographics and geolocation tracking.  We collect some information automatically from visitors to the Site, such as by the use of "cookies" (small text files that may be placed on your browser when you visit the Site), "web beacons" or other tracking mechanisms, to improve your experience with the Site, to improve the quality of the Site and maintain the Site’s proper operation. For example, when you return to the Site after logging in, cookies provide information to the Site so that it will remember who you are. If we use such data at all, it will be on an aggregate basis, and we will not disclose to third parties any information that could be used to identify you personally. We may use cookies as described above, and in connection with third party services, such as Google Analytics, plug-ins, embeds and similar tools that may utilize cookies in the process of providing services to us. We do not allow such third party service providers to use or share PII collected via the Site except as noted in this Policy. For more information on how Google Analytics may use your data, you may review its policy entitled “How Google uses data when you use our partners' sites or apps” and located at www.google.com/policies/privacy/partners/.

BY YOUR USE OF THE SITE, YOU CONSENT TO OUR PROVIDING DATA (INCLUDING, BUT NOT LIMITED TO, DATA REGARDING Device/Browser types, Screen/Pages visited, crashes,  MOBILE AppLICATION installs, Videos recorded, videos uploaded, DEMOGRAPHICS AND GEOLOCATION TRACKING) TO GOOGLE ANALYTICS IN THE MANNER SET FORTH IN THIS POLICY. IF YOU DO NOT CONSENT, PLEASE DO NOT USE THE SITE.

Using the settings of your Internet or mobile browser, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. Consult your browser Help menu to learn the correct way to modify your cookies. If you choose to turn off cookies, you may not have access to many features that make your browsing of our Site smoother, and some of our services may not function properly. You may at any time delete any cookies set by using the relevant option of your Internet or mobile browser or by deleting the cookies on your hard drive or mobile device. The site www.allaboutcookies.org includes instructions for managing cookies on many commonly used Internet browsers, or you may consult the vendor documentation for your specific software.  If you continue without changing your settings, you consent to our use of cookies and other tools on the Site.

If you do not want us to collect information about your geographic location, you must disable the technology that transmits this information.

“Web beacons” are communications with a server performed when retrieving the content of a webpage, and enable us to track the number and timing of visitors to certain sections of the Site.  We may employ web beacons to help us compile aggregated statistics regarding the operations of the Site. We prohibit web beacons on our Site from being used by third parties to collect or access your PII.

3. Use/sharing of your information. Except as otherwise noted in this Policy, we may use PII we collect about you for any authorized purpose relating to the mission of the Corporation including providing information to our current and potential partners and grantees and contacting you, and allowing our current and potential partners and grantees to contact you. We may also disclose (or otherwise provide access to) and provide such PII to other parties (including persons located outside the United States) who participate in our programs or receive grants or other support from us. Without limiting the generality of the foregoing, we may use, make derivative works of, copy, adapt, modify, distribute, publish and publicly display your User Content for any authorized purpose relating to the mission of the Corporation, which, for the avoidance of doubt, may include providing it to other parties who participate in our programs or receive grants or other support from us.  This may include, but is not limited to, combining your User Content with the User Content of a third party for purposes of promoting an initiative of the Corporation on the Corporation’s website, an initiative of a grantee of the Corporation on such grantee’s website, posting User Content individually to social media or as a group of individual videos in a collection on a website, or combining excerpts of User Content to promote a campaign of the Corporation or the mission of the Corporation generally or a campaign of a grantee of the Corporation or the mission of such grantee generally. If we disclose (or otherwise provide access to) your User Content to another party who participates in our programs or receives grants or other support from us, you expressly acknowledge that such other party may use, make derivative works of, copy, adapt, modify, distribute, publish and publicly display your User Content for any authorized purpose relating to its mission.  By submitting User Content, you acknowledge that the Corporation may disclose (or provide access to) your PII to other parties.

We may use or disclose certain PII we collect about you when you visit and browse the Site as part of our normal business operations, or to send you administrative communications either about your interactions with us or about features of the Site, including any future changes to this Policy.

In order to provide efficient and reliable services and to improve the Site, we may use or disclose your PII for marketing, research and other business purposes, and we may associate your PII with other information we collect about you, such as details about your usage patterns and interests, but we will not sell this information or disclose it to third parties.

We may also use service providers to facilitate our services or platform functions on our behalf. Non-affiliated companies and individuals that assist the Corporation in providing services to you are required to maintain the confidentiality of such information to the extent they receive it and to use your PII only in the course of providing such services and only for the purposes that we dictate.

We will not otherwise share your PII, except as required by law, requested by governmental entity or law enforcement authority, subpoena, court order or discovery request, or when we otherwise believe in good faith that such disclosure is necessary or appropriate to enforce our Terms of Service or in connection with any activity that violates the law, threatens the safety or security of you, your property, the Site or the tangible or intangible property that belongs to us or third parties, or that may expose us to liability.

4. Maintaining your information. You may not delete or deactivate your account (including your user name or profile) once it is created, nor may you edit or delete any User Content or your PII once it has been submitted to the Site. We may retain your User Content and PII to the fullest extent permitted by applicable law. We may also discard your User Content and PII at our discretion, therefore you should retain your own records of any content or information that you submit to us.

5. Other websites. This Policy applies only to the Site. If you visit any website linked to this Site, you are subject to that entity’s own privacy policies, which we do not control or monitor. You should review the privacy policy of all third-party websites before you visit them.

6. Information Security. We endeavor to protect your personal information, using technical, administrative and physical security measures. However, there is no such thing as perfect security on the Internet, and you provide PII to us at your own risk. THE CORPORATION EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, LOSSES OR CLAIMS OF ANY KIND RELATING TO ANY PII THAT YOU PROVIDE TO US OR OTHERS THROUGH THE SITE. Notwithstanding the foregoing, if you believe that you have been a victim of identity theft through this Site, please notify us at the address provided above.

7. Children’s Privacy. The Site is not targeted toward, and we do not seek or desire to collect information from, children under the age of 13. Therefore, we will not knowingly request information from persons under such age.  Please do not provide any PII to us for any reason unless you are at least 13 years of age, and please caution your children not to do so. Consistent with the Children’s Online Privacy Protection Act, if a child under 13 has provided PII to us through the Site without verifiable parental consent, a parent or guardian may inform us at the address above, and we will use commercially reasonable efforts to delete such information, subject to applicable law and this Policy.

8. Do Not Track. The Corporation does not track users of the Site over time and across third party websites to provide targeted advertising, and therefore does not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.

9. International Use. This Privacy Policy is intended to meet the laws and regulations of the United States, and despite the global nature of the Internet, the Corporation makes no claims that the Corporation Content or the Site are appropriate or may be viewed or used outside the United States.  Furthermore, our databases are located in the United States. By sending us your data, you consent to its transfer to and storage within the United States. Irrespective of the country in which you reside or from which you access the Site, you authorize the Corporation to use your PII and User Content in the United States and any other country where the Corporation operates. Access to the Site from countries or territories where such access is illegal or contrary to applicable rules or regulations is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.  

10. No warranties/disclaimer. THE SITE AND THE CORPORATION CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THE CORPORATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM SAME, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF VIRUSES OR OTHER HARMFUL CODE. THE CORPORATION DOES NOT REPRESENT OR WARRANT ANY BENEFIT THROUGH YOUR USE OF THIS SITE, AND YOU SUBMIT USER CONTENT TO THIS SITE SOLELY AT YOUR OWN RISK.

11. Damage limitation. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE CORPORATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION, RELATING TO YOUR ACCESS TO, USE OF (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR ANY CORPORATION CONTENT THEREIN. THIS IS TRUE EVEN IF THE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

12. Beneficiaries. There are no third party beneficiaries of this Policy.

13. Governing law/venue. This Policy and your use of the Site and/or Corporation Content are governed by New York law. All disputes, controversies or claims arising out of or in connection with this Policy and your use of the Site and/or Corporation Content will be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a sole arbitrator appointed in accordance with the said Rules.  The place of arbitration shall be Manhattan, New York. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY SUCH DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS POLICY AND YOUR USE OF THE SITE AND/OR CORPORATION CONTENT.

© 2016 Gather Voices. All rights reserved.

 

Gather Voices Terms and Conditions

TERMS OF SERVICE

Effective Date: November 10, 2016

 

The Terms of Service below (“Terms of Service”) are applicable to the website located at http://gathervoices.gvproapp.com (together with all microsites or subdomains hosted thereunder, and any other website or mobile application that links to these Terms of Service, however accessed, collectively, the “Site”), which is hosted and administered by Gather Voices, LLC on behalf of Gather Voices (the “Corporation”). These Terms of Service are an agreement between the Corporation and you and govern your use of the Site; by accessing the Site you acknowledge and agree to accept the Terms of Service. We may amend these Terms of Service at any time. Each time you return to the Site, you are bound by the then-current version of these Terms of Service, and your continued use of the Site after any such amendment shall constitute your acceptance of these Terms of Service as amended. You are advised to consult the “Terms of Service” link on this Site each time you visit the Site.

 

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE.

 

If you have any questions or issues with respect to these Terms of Service (other than complaints of copyright infringement), please contact us at: http://www.gathervoicesapp.com . For complaints of copyright infringement occurring on this Site, please see our “Copyright” section below.

 

1. Our content and trademarks. The Site contains a variety of information, including text, photos, images, videos and other content (collectively, “Corporation Content”) and all trademarks, logos, copyrights and other intellectual property, which are owned by the Corporation or its respective owner. The Corporation grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view, store, bookmark, download and make limited copies of relevant Corporation Content, solely for your internal, non-commercial use. All right, title, and interest in and to the Corporation Content (excluding content provided by users (“User Content”)) are and will remain the exclusive property of the Corporation and its licensors. You may not use any trademark, service mark or logo of the Corporation or any third party that appears on the Site without prior written consent.

 

2. Registration and passwords. You may be required to create a user name or password or create a profile to access certain features of the Site. You may not attempt to access any password-protected areas of the Site without authorization. You are solely responsible for maintaining the confidentiality of your passwords, account information, user names and/or security questions and answers for the Site, and may not share them with others or allow others to use them. If you share any such information with a third party, you assume all responsibility for such party’s activity related to the Site, and you must notify the Corporation immediately if you become aware of any unauthorized use. You must provide complete and accurate information to us at all times in the registration process. If you violate the foregoing provision, we have the right to suspend or terminate your access to the Site. All information the Corporation provides to Site users supplying a password is confidential and intended solely for its intended recipient.

 

3. Use of the Site. You agree to the following with respect to your use of the Site:

 

  • You must be at least 13 years old to use the Site.

 

  • You may use the Site only if you can form a binding contract with the Corporation and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms of Service and using the Site on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

 

·      You represent and warrant that all communication or User Content submitted or uploaded by you: (i) is accurate and does not violate or infringe the intellectual property or privacy rights, or any other laws or contractual or legal rights of any other person; (ii) is owned by you or obtained with all necessary consents, clearances, licenses and permission for use on the Site; (iii) does not contain any virus, malicious computer code or similar item; and (iv) is not defamatory, obscene, threatening, hateful, pornographic, violent, or otherwise objectionable.

 

  • Your relationship with the Corporation is not a confidential, fiduciary, or other type of special relationship, and your decision to submit any User Content does not place the Corporation in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of the Corporation, and the Corporation will not be liable for any use or disclosure of any User Content you provide.

 

  • Any communication or User Content that you send to the Site is and will be deemed to be non-confidential as between you and us, and you grant the Corporation and our affiliates, collaborators, and partner organizations a non-exclusive, paid-up and royalty-free, perpetual, irrevocable, worldwide, sublicensable, transferable license to use, make derivative works of, copy, adapt, modify, distribute, publish and publicly display such communication and User Content for any purpose.

 

  • You will not:

i.do anything to disable or overburden Site or impair its function, transmit any virus, worm, time bomb or similar system interference or corruptant through this Site, or restrict or inhibit others from using the Site;

ii.use automated means to access the Site or delete, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site;

iii.alter or modify the Corporation Content;

iv.forward the Corporation Content as a mass distribution or otherwise send spam or other unauthorized advertisements or solicitations through the Site;

v.post the Corporation Content on another website (including social media sites), or otherwise copy (except as permitted in Section 1), distribute or modify any portion of the Site;

vi.remove or obscure any copyright notice or other notices or legends featured on the Corporation Content;

vii.solicit private information from users of the Site or attempt to violate the security of this Site to use or gain access to the information or computers of others through this Site;

viii.use this Site in violation of these Terms of Service or any applicable local, state, national or international law, regulation, or rule or the intellectual property or contractual rights of others, or in any manner that could expose the Corporation or users of the Site to harm or liability;

ix.harvest, scrape, collect, download or print large portions of Corporation Content from the Site

x.frame this Site within your own, except where explicitly invited to do so (for example, via the presence of a button labeled “Embed on Your Site”), or “deep link” to any pages of the Site so as to create the impression that the Corporation Content on such pages is your own;

xi.imply or suggest that the Corporation has endorsed or is affiliated with you or any other party or website (including social media sites);

xii.engage in harassment, bullying, threats, stalking, or hate speech;

xiii.intentionally or knowingly post content that constitutes libel or defamation, or is false or inaccurate;

xiv.attempt to impersonate another user or individual, misrepresent your affiliation with any individual or entity, use the username of another user with the intent to deceive or otherwise engage in fraud;

xv.post or traffic in obscene or pornographic material or any other content that violates applicable law; or

xvi.attempt or assist anyone else to do any of the foregoing.

 

·      The Site is not a backup service. You agree that you will not rely on the Site for the purposes of backup or storage of your User Content. Furthermore, the Corporation will not be liable to you for any modification, suspension, or discontinuation of the Site, or the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

 

  • You are responsible for all data charges you incur through use of the Site.

 

The Corporation has the right (but not the obligation) to monitor the Site for your compliance with the foregoing and suspend or terminate your access to and use of the Site for any non-compliance with the above or for any other reason, and we may at any time revoke your right to use all or any portion of the Site at any time in our sole discretion. Notwithstanding the Corporation’s right to suspend or terminate your access to the Site, you do not have the ability to delete or deactivate your account, user name, profile or User Content. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease. The Corporation may investigate any complaint regarding or suspected violation of these Terms of Service, and may report any activity relating to this Site to law enforcement officials or other persons or entities it deems appropriate.

 

4. Privacy policy. Our Privacy Policy is part of these Terms of Service and is incorporated herein.

 

5. Linked sites. The Corporation does not review, monitor endorse or control the content on any websites (including social media sites) linked to or from the Site. You visit any website linked to or from this Site at your own risk, and are subject to the privacy policies and terms of service of any such sites. The Corporation disclaims responsibility for the privacy policies and customer information practices of third-party websites linked to or from the Site.

 

6. International use. The Site is operated and controlled by or on behalf of the Corporation in the United States, and the Corporation Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, the Corporation makes no claims that the Corporation Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal or contrary to applicable rules or regulations is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

 

7. No warranties/disclaimer. THE SITE AND THE CORPORATION CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THE CORPORATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM SAME, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF VIRUSES OR OTHER HARMFUL CODE. THE CORPORATION DOES NOT REPRESENT OR WARRANT THAT YOU WILL BE ABLE TO OBTAIN A BENEFIT THROUGH YOUR USE OF THIS SITE, AND YOU SUBMIT USER CONTENT TO THIS SITE SOLELY AT YOUR OWN RISK.

 

8. Damage limitation. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE CORPORATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION, RELATING TO YOUR ACCESS TO, USE OF (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR ANY CORPORATION CONTENT THEREIN. THIS IS TRUE EVEN IF THE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

9. Indemnification. YOU (AND ANY THIRD PARTY FOR WHOM YOU OPERATE AN ACCOUNT OR ACTIVITY ON THE SITE) AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT THE CORPORATION’S OPTION, DEFEND THE CORPORATION FROM AND AGAINST ANY LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) OR DAMAGES RESULTING FROM YOUR USE OF THE SITE (OR THAT OF A THIRD-PARTY ON YOUR BEHALF) IN VIOLATION OF THIS AGREEMENT. USERS SHALL NOT SETTLE ANY CLAIM UNLESS SUCH SETTLEMENT COMPLETELY AND FOREVER RELEASES THE CORPORATION FROM ALL LIABILITY WITH RESPECT TO SUCH CLAIM OR UNLESS THE CORPORATION PROVIDES ITS PRIOR WRITTEN CONSENT TO SUCH SETTLEMENT, AND FURTHER PROVIDED THAT THE CORPORATION SHALL HAVE THE RIGHT, AT ITS OPTION, TO DEFEND ITSELF AGAINST ANY SUCH CLAIM OR TO PARTICIPATE IN THE DEFENSE THEREOF BY COUNSEL OF ITS OWN CHOICE.

 

10. Notice and takedown procedures; Copyright agent. The Corporation respects the intellectual property rights of others. If you believe your copyright has been infringed by materials accessible on the Site, you may request removal of such materials from the Site by notifying our designated Copyright Agent by sending a notice containing the following information:

 

  • An electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;

 

  • Identification and description of the copyrighted work that you believe to be infringed, including, if possible, a copy or location (for example, a URL) of an authorized version of the work;

 

  • Identification and description of the material you believe to be infringing such copyrighted work and its location;

 

  • The name, address, telephone number, and, if available, email address at which the copyright owner or its authorized representative may be contacted;

 

  • A statement that you have 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;

 

  • A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

11. Beneficiaries/amendments. There are no third party beneficiaries of this Terms of Service.

 

12. Governing law/venue. These Terms of Service and your use of the Site and/or Corporation Content are governed by New York law. All disputes, controversies or claims arising out of or in connection with these Terms of Service and your use of the Site and/or Corporation Content will be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a sole arbitrator appointed in accordance with the said Rules.  The place of arbitration shall be Manhattan, New York. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY SUCH DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE AND YOUR USE OF THE SITE AND/OR CORPORATION CONTENT.

 

© 2016 Gather Voices. All rights reserved.

 

Contact Gather Voices

4021 N. Broadway Chicago, IL 60613
info@gathervoicesapp.com