Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by GaggleAMP, acceptance is expressly limited to these terms. The Gaggle Member component of the Website is available only to individuals who are at least 18 years old.
Your Gaggle Membership. If you create a Gaggle Membership on the Website, you are responsible for maintaining the security of your account and the decision to share messages distributed by the Gaggle is solely up to you. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the Gaggle. You must not share messages from your Gaggle in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and GaggleAMP may change or remove any message that it considers inappropriate or unlawful, or otherwise likely to cause GaggleAMP liability. You must immediately notify GaggleAMP of any unauthorized uses of your Gaggle account or any other breaches of security. GaggleAMP will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Messages, Incentives and Rewards. All messages, incentives, reward costs, and delivery are the sole responsibility of the individual or organization managing the Gaggle ("Gaggle Manager") and NOT GaggleAMP. GaggleAMP does not take any responsibility for any messages, incentives, contests, sweepstakes, rewards, point systems, or use of points.
Responsibility of Website Visitors. GaggleAMP has not reviewed, and cannot review, all of the Content, including messages, posted to a Gaggle, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, GaggleAMP does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. GaggleAMP disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading or sharing by those visitors of content there posted.
Use and Limitations of Use. We are authorizing you to use the features of the Website which correspond to being a Member of a Gaggle. As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party GaggleAMP or its content in any way; (ii) modify or make derivative works based upon GaggleAMP or its content; (iii) "frame" or "mirror" any of its content in any other server or wireless or Internet-based device; or (iv) reverse engineer or access GaggleAMP in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of GaggleAMP, or (c) copy any ideas, features, functions or graphics of GaggleAMP.
You agree not to access (or attempt to access) the Website by any means other than through the Website or other interface provided to you by us, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) the Website through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any instructions and/or policies present on the Website.
As GaggleAMP asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GaggleAMP.com violates your copyright, you are encouraged to notify GaggleAMP in accordance with GaggleAMP's Digital Millennium Copyright Act ("DMCA") Policy (see below). GaggleAMP will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material that are contained on the Website. GaggleAMP may terminate a visitor's access to and use of the Website at GaggleAMP's discretion if GaggleAMP determines that the visitor or user is or may be infringing on the copyrights or other intellectual property rights of GaggleAMP or others. In the case of such termination, GaggleAMP will have no obligation to provide a refund of any amounts previously paid to GaggleAMP.
DMCA/IP Notification Policy. To notify GaggleAMP of infringing or unlawful content, please provide GaggleAMP with the following information:
Your name, address, telephone number, and e-mail address;
A description of the exact location on the Website of the infringing or unlawful content;
A description of the claimed infringing or unlawful content, specifying which parts you belief infringe or are unlawful, and which parts you believe should be removed;
In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damaged by the content.
GaggleAMP takes such notices very seriously. We will evaluate the provided notice, and if appropriate based on our sole discretion, remove the content or disable access to the content. Based on our judgment, we may notify the source of the content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed. We encourage you to see the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.
GaggleAMP may be notified of claims of intellectual property infringement by emailing the above requested information to firstname.lastname@example.org.
Because GaggleAMP allows content to be posted from third parties and third party websites, there is a chance that the ability to remove any allegedly infringing content will be out of our control. While we will make a good faith effort to remove the allegedly infringing content, we strongly suggest that if you believe your copyright has been infringed by a GaggleAMP user posting content from a third party website, we strongly suggest you contact the third party or third party site directly and request the allegedly infringing material be taken down.
Intellectual Property. This Agreement does not transfer, assign, or license from GaggleAMP to you any GaggleAMP or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with GaggleAMP. GaggleAMP, the GaggleAMPlogo, and all other trademarks, service marks, graphics and logos used in connection with GaggleAMP, or the Website are trademarks or registered trademarks of GaggleAMP or GaggleAMP's licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any GaggleAMP or third-party trademarks.
Changes. GaggleAMP reserves the right, in its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. GaggleAMP may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. GaggleAMP may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. GaggleAMP Managers may terminate your access to the gaggle under their management at any time, with or without cause, with or without notice, effective immediately. GaggleAMP has no control or liability for any GaggleAMP Manager's actions under this Section 9. If you wish to terminate this Agreement or your GaggleAMP.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, you may remove your social media accounts from your Member Dashboard and further request in writing that GaggleAMP permanently remove your account by emailing email@example.com. GaggleAMP can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. To the extent permissible by law the Website is provided "as is". GaggleAMP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither GaggleAMP nor its suppliers and licensors, makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will GaggleAMP or its suppliers or licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to GaggleAMP (if any) under this agreement during the one (1) month period prior to the cause of action. GaggleAMP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless GaggleAMP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between GaggleAMP and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GaggleAMP, or by the posting by GaggleAMP of a revised version. Except to the extent of applicable law and this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Boston, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GaggleAMP may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.