Groupee Network Terms of Service

Effective October 5, 2007

 

1.0    Acceptance of Terms

Groupee, Inc. (ÒGroupeeÓ) provides an internet hub (ÒNetworkÓ) through which members may create personal content; display, store, control, and share information; create and participate in online communities/channels, and stay in touch with the activities of other members of the Network. By using the Network, you agree to be bound by the following terms and conditions (ÒTOSÓ), whether or not you actually register as a member (ÒMemberÓ).  Usage includes accessing any page delivered via a Network domain, including groupee.com, backstage.groupee.com, groupee.net, and any other domains owned by Groupee that may be added to the Network.  Please note that certain other services operated by Groupee may have separate terms and conditions.  This TOS may be updated by Groupee from time to time, without notice to you.  The current version of the TOS is available online on the Groupee Documentation page at http://about.groupee.com/docs/groupee_tos.html.

 

2.0    Your Account

You are responsible for providing full and accurate information about yourself when registering or updating your registration account in the future.  You must be at least 16 years of age to participate in the Network.  However, users under 16 may create a limited profile (ID and password) and use the Network to access Eve Communities that are using the Network membership database to authenticate users.  Note that Eve Communities are operated outside of the Network and have their own registration rules and age limits.  (For information about Eve Communities, please visit: http://eve.groupee.com.) 

 

3.0    Content

You understand that all content (ÒContentÓ) posted on the Network, including information, data, text, software, audio/music, sounds, photographs, graphics, video, messages, tags, or other materials, whether posted publicly or to private channels, are the sole responsibility of the person from which the Content originated. You, and not Groupee, are entirely responsible for all Content that you post through the Network.  Groupee does not control the Content posted through the Network and, as such, does not guarantee the accuracy, integrity, or quality of such Content.  You understand that, by using the Network, you may be exposed to Content that is offensive, indecent, or objectionable.  Under no circumstances will Groupee be liable in any way for any Content or any loss or damage of any kind incurred as a result of the use of any Content transmitted or displayed on the Network.

 

You acknowledge that Groupee may or may not pre-screen Content, but that Groupee shall have the right, but not the obligation, at its sole discretion, to pre-screen, refuse, temporarily or permanently disable, or move any Content on the Network.  Without limiting the foregoing, Groupee shall have the right to remove any Content that violates the TOS or is otherwise objectionable (at GroupeeÕs sole discretion).  You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 

 

Groupee reserves the right to delete content, entire channels (sites), and groups at any time, for any reason without notice.  For instance, entire personal channels and/or groups may be deleted if they have been inactive for a prolonged period.

 

Though content channels are created by Network users, Groupee may assign ownership, re-assign ownership, or delete any channel at its sole discretion. 

 

Groupee reserves the right to place advertising of any kind on any/all web pages and/or emails served by the Network.

 

 

4.0    Member Conduct

You agree not to use the Network to:

 

-      Post Content that contains nudity, is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, extremely violent, vulgar, obscene, libelous, invasive of anotherÕs privacy, or hateful.

-      Impersonate any person or entity, or otherwise misrepresent your affiliation with another person or entity.

-      Post confidential information.

-      Post Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

-      Post unsolicited or unauthorized advertising or promotional materials.

-      Post Content that contains software viruses or that is intended to harm the functionality of any computer software or hardware.

-      Intentionally or unintentionally violate any applicable local, state, national, or international laws.

-      Provide material support or resources to any organization designated by the United States government as a foreign terrorist organization, pursuant to Section 219 of the Immigration and Nationality Act.

-      Harass other users.

-      Act in a manner that negatively impacts the ability of other people to use the Network.

 

5.0    Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not personally own without obtaining prior written consent of the owner of such proprietary rights. 

 

6.0    Privacy

Registration information, and other data collected about you, is subject to our corporate Privacy Policy, which is available for review online at http://about.groupee.com/docs/GroupeePrivacyPolicy.html.  You understand that, through your usage of the Network, you consent to that policy.

 

7.0    Indemnity

You agree to indemnify and hold Groupee and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneysÕ fees, made by any third party due to or arising out of Content you submit or post through the Network, your use of the Network, your connection to the Network, your violation of the TOS, or your violation of any rights of another person or entity.

 

8.0    No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any aspect of the Network.

 

9.0    General Practices

You acknowledge and agree that Groupee may access, preserve, and disclose your account information and Content, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is necessary to comply with legal process, enforce the TOS, respond to claims that any Content violates the rights of third parties, respond to your requests for customer support, or protect rights, property, or personal safety of Network users and the general public.

 

If you wish to cancel your account, please contact us by email at: cancelgroupee@groupee.com.  You must send this email from your Groupee email account of record and you must include your Groupee ID, in order for us to process your request.  Cancellation requests will generally be processed within 8 weeks.  There may not be any written confirmation of the cancellation.  In addition, we may refuse to process such requests, at our discretion, if we cannot verify proper ownership of the account.  When we cancel your account, we will remove your account profile and all access to your personal channel, but any content you created on groups may remain.

 

10.0  Service Modifications

Groupee reserves the right to modify, discontinue (temporarily or permanently) the Network at any time, without notice.  You agree that Groupee shall not be liable to you or to any third party for any Network modification, suspension, or discontinuance.

 

11.0  Termination

You agree that Groupee may immediately terminate your account for any reason, without notice.  Termination may mean that you can no longer access the Network and that all content/information that you posted to the Network may be permanently deleted.  Causes for termination may include (but are not limited to) (a) breaches or violations of this TOS, (b) a request from you, (c) requests by government authorities, (d) extended periods of inactivity, and/or (e) engagement by you in activities deemed by Groupee to be fraudulent, illegal, or inappropriate.  You agree that all termination for cause shall be made at GroupeeÕs sole discretion and that Groupee shall not be liable to you or any third party for termination of your account.

 

12.0  Dealing With Advertisers

You acknowledge that any dealings that you have with advertisers on the Network are solely between you and the advertisers.  You agree that Groupee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Network.

 

13.0  GroupeeÕs Proprietary Rights

Groupee owns and retains all proprietary rights in the Network.  The Network contains copyrighted material, trademarks, and other proprietary information of Groupee and its licensors.  Except for information that is in the public domain, you may not copy, sell, or in any way distribute such proprietary information, without express written consent by Groupee.

 

14.0  Disclaimer of Warranties

CUSTOMER ACKNOWLEDGES THAT THE NETWORK IS PROVIDED ON AN "AS IS" AND ÒAS AVAILABLEÓ BASIS. GROUPEE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE NETWORK, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. GROUPEE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER THAT THE NETWORK WILL BE UNINTERRUPTED, ALWAYS ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE; NOR DOES GROUPEE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED BY THE USE OF THE NETWORK AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE USE OF THE NETWORK OR THAT DEFECTS IN THE NETWORK WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE NETWORK IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.  NO ADVICE OR INFORMATION, WHETHER ORAL OF WRITTEN, OBTAINED BY YOU FROM GROUPEE OR THROUGH THE NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.  SOME JURISDICTIONS FOR ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

 

15.0  Limitation of Liability

IN NO EVENT SHALL GROUPEE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE NETWORK (OR YOUR INABILITY TO USE THE NETWORK), EVEN IF GROUPEE HAS BEEN ADVISED OF THE POSSIBILITY OS SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GROUPEEÕS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GROUPEE FOR THE NETWORK DURING THE TERM OF MEMBERSHIP.

 

16.0  Copyright or Intellectual Property Infringement

Groupee has filed a designation of an agent with the United States Copyright Office to receive notifications of copyright infringement (please see http://www.copyright.gov/onlinesp/agents/groupee.pdf). Valid notifications provided to Groupee of copyright infringement must be sent via certified mail to Groupee and include the following:

 

á       A physical signature of a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed;

á       Identification of the copyrighted work or a list of the copyrighted works claimed to have been infringed;

á       Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;

á       Contact information for the complaining party, such as an address, telephone number, and, if available, email address;

á       A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

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

 

If such notifications do not include the aforementioned, notification is deemed invalid. 

 

Please send all infringement claims to the following address:

 

Groupee, Inc.

ATTN: Copyright Violation Agent

2401 4th Avenue, Suite 500

Seattle, WA 98121 USA

 

 

 

 

 

17.0  General Information

 

The TOS is governed by the laws of the State of Washington.  You and Groupee agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.

 

The failure of Groupee to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.  If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the partiesÕ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

You agree that your Groupee account is non-transferable and any rights to your Groupee account or contents terminate upon your death. 

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Network or TOS must be filed within one year after such claim or cause of action arose, or be forever barred.

 

The section titles in the TOS are for convenience and have no legal or contractual effect.