Table of Contents
- ownership of platform content and meme content
- your license to use of the platform
- information and content you submit
- acceptable use policy
- reporting copyright and other intellectual property violations
- social distribution and widgets
- third-party links & content
- linking policy
- special terms for app users
- disclaimer of warranties
- location of the platform and territorial restrictions
- binding arbitration ("arbitration agreement")
- governing law and venue
- our right to update these terms
- contact us
Effective Date: May 17, 2023
Unless otherwise noted, all references to "you" or "your" in these Terms refer to all users of the Memix Platform, including Employers and Employees (defined below).
OWNERSHIP OF PLATFORM CONTENT AND MEME CONTENT
Unless otherwise explicitly specified, the Platform, including, without limitation, graphics, layout, text, images, trademarks, logos, service marks, designs, information, data, advertising copy, past, present and future versions of the Platform, domain names, source and object code and the "look and feel" of the Platform ("Platform Content") is owned, controlled or licensed by Get Together, and is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. The Platform Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of Get Together as is provided in these Terms.
Get Together may make available photos, videos and other content for the creation of customized memes ("Meme Content") through the Platform. Except for Meme Content that is in the public domain or Meme Content that you have permission to use in connection with your use of the Platform and in compliance with these Terms, you shall not copy, modify, publish, transmit, distribute, perform, or display any Meme Content (or any derivative work you may create therefrom using the Platform), nor shall you sell, license, rent, or otherwise use or exploit any Meme Content for commercial use or in any way that violates any third party right. For purposes of clarity and without limiting the foregoing, Meme Content is not Platform Content.
Any unauthorized use of the Platform Content or Meme Content is prohibited.
YOUR LICENSE TO USE OF THE PLATFORM
Get Together grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to access and view the Platform. This license is subject to your full compliance with these Terms. When you view or use the Platform, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Platform, Platform Content or, except as permitted on the Platform, the Meme Content; and (c) not copy or adapt any object code associated with the Platform or reverse engineer, modify or attempt to discover any source code associated with the Platform, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Platform Content (except as may be a result of standard search engine or Internet browser usage). The Platform may be updated by Get Together from time to time and some updates may occur automatically on the device you use to access the Platform.
Except as expressly provided in these Terms, you may not copy, reproduce, republish, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Platform Content or Meme Content in any way, without the prior written permission of a duly authorized Get Together employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Platform. Any and all rights to use the Platform that are not expressly granted to you under these Terms are reserved for Get Together or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Get Together's rights to exploit fully any or all of the Platform Content. Unauthorized use of the Platform, Platform Content or Meme Content may be a violation of federal and state laws and could result in civil and criminal liability.
INFORMATION AND CONTENT YOU SUBMIT
The Platform may provide you the opportunity to customize Meme Content or otherwise create, customize and/or share content through certain features, such as the ability to share memes you create through email or via social posts. You may choose, through such features or otherwise, to provide content in connection with your creation and/or customization of memes (collectively, "User Content"). For the avoidance of doubt, User Content does not include any Meme Content.
Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. By submitting User Content, you represent and warrant to Get Together that your User Content: (1) is not confidential and that you have all necessary permission to submit it; and (2) does not -- alone or when used in connection with any Meme Content -- infringe upon, misappropriate, or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.
Get Together does not control the User Content made available via the Platform and therefore does not guarantee the accuracy, integrity, quality or lawfulness of User Content. You also understand that, if you include personally identifiable information in your User Content, you do so at your own risk.
Rights You Grant to Us. Whenever you submit or otherwise make available User Content via a Platform feature or directly to Get Together (including through the creation of memes or the use of any help, support, feedback, or "Contact Us" feature) you: (1) grant to Get Together an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Content -- and your name, likeness and other identifying information, if any, that you may provide in connection with that User Content -- via any medium now known or later developed, without any compensation to you; and (2) waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize Get Together to publish your User Content such that it may be accessed by users of the Platform or the general public (depending on the nature of the User Content).
Right to Screen and Remove Content. We have no obligation to monitor the Platform or any User Content made available via the Platform. However, you acknowledge and agree that we have the right to monitor the Platform and User Content you submit and/or post and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part, before or after it appears on the Platform, subject to Get Together's sole discretion. Get Together reserves the right to suspend or terminate your access to the Platform at any time. Under no circumstances will we be liable in any way for any User Content including, but not limited to, any errors or omissions in User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of any user's User Content.
No Confidential Relationship/No Unsolicited Materials. User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content, to the fullest extent permitted by applicable law. You acknowledge and agree that your relationship with Get Together is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Get Together in a position that is any different from the position held by members of the gener al 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 Get Together.
No Obligation to Use. You agree and understand that we are not obligated to post, keep or use your User Content.
ACCEPTABLE USE POLICY
When you contribute, upload, or otherwise provide your User Content to the Platform, you agree to comply with the following requirements:
A. User Content must be your own. All User Content must be created by you and you must have all rights in the User Content OR all persons who contributed in any way or have any rights to your User Content, or otherwise appear in the User Content, must have given you permission to upload, add or post the User Content on the Platform and distribute it elsewhere. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms.
B. No negative or abusive behavior. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical handicap or that are defamatory, indecent, obscene, pornographic or sexually explicit. If you think your User Content might offend someone, chances are it will -- so it doesn't belong on the Platform and shouldn't be used to create memes.
C. No User Content that is violent, illegal or promotes inappropriate activity. Your User Content must not violate any law. Your User Content may not promote any illegal activity and your User Content may not promote violence nor describe how to perform a violent act. If you do upload, add or post User Content that is illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we deem appropriate in our sole discretion, including, without limitation reporting you to law enforcement.
D. Keep private information private. Do not add personal information to any meme you create or otherwise provide personal information through the Platform that you do not want shared publicly.
E. Do not damage the Platform or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Platform or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
Get Together encourages you to report any content on a Platform that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Get Together has a designated agent for receiving notices of copyright infringement and Get Together follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Get Together's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) 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 you believe that any content on the Platform violates your rights other than copyrights, please provide Get Together with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding a Platform or other complaint regarding alleged violation of rights to Get Together's copyright agent, who can be reached as follows:
Attention: Copyright Manager
Mailing Address: 2930 Domingo Ave., No. 702, Berkeley, CA 94705
Phone: +1 (888) 803-5811
E-mail Address: email@example.com
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Get Together will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
SOCIAL DISTRIBUTION AND WIDGETS
Get Together may allow you -- but only through express written permission or via Get Together-provided functionality on the Platform -- to engage in certain personal uses of Platform Content that include the ability to share Platform Content with others ("Social Distribution"). For example, a Platform may allow you to send Platform Content to friends or post Platform Content on a third party web site. You understand that only Get Together can make claims, promises or statements on behalf of Get Together about its products and services and agree not to do so. You also agree that you will not imply that you and Get Together are affiliated in any way or that Get Together approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Platform Content.
Similarly, a Platform may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) ("Widgets"). Widgets are Platform Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Platform Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Platform Content made available in connection with your web page, social networking site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Platform Content upon notice.
THIRD-PARTY LINKS & CONTENT
There may be links from the Platform, or from communications you receive from Get Together, to third-party websites or online features. The Platform also may include third-party content that we do not control, maintain or endorse.
Get Together grants you the revocable permission to link to the Platform; provided, however, that any link to the Platform: (a) must not frame or create a browser or border environment around any of the content on the Platform or otherwise mirror any part of the Platform; (b) must not imply that Get Together or the Platform is endorsing or sponsoring any third party or its products or services, unless Get Together has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Get Together's sole opinion, harm Get Together or its products or services; (d) must not use any Get Together trademarks without the prior written permission from Get Together; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Get Together's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Platform, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Get Together reserves the right to prohibit linking to the Platform for any reason in our sole and absolute discretion.
The Platform may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
SPECIAL TERMS FOR APP USERS
You acknowledge and agree that the availability of any Memix apps we may offer ("Apps") are dependent on the third party from whom you received the App license (e.g., Apple App Store or Google Play Store) ("App Store"). You acknowledge that these Terms are an agreement between you and us, and not with the App Store. We, not the App Store, are solely responsible for the Platform, including the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Apps, you must have Internet access, including in some cases, wireless network services. You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Platform, including the Apps. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using our Platforms, including the Apps. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce it.
Accessing and downloading apps from Apple
The following applies to any App accessed through or downloaded from the Apple App Store (an "Apple-Sourced App"):
a. Acknowledgment. You acknowledge and agree that (i) these Terms are between you and Get Together (or any third party developer that may own or operate the App) only, and not Apple, and (ii) Get Together, not Apple, is solely responsible for the Apple Store Sourced App and content thereof.
b. Scope of License. Your license to use the Apple Store Sourced App is non-transferable and limited to use on an Apple-branded product that you own or control, and as permitted by the "Usage Rules" set forth in the Apple Media Services Terms and Conditions.
c. Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Store Sourced App.
d. Warranty. In the event of any failure of the Apple Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Store Sourced App. As between Get Together and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Get Together.
e. Product Claims. You and Get Together acknowledge that, as between Get Together and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple Store Sourced App or your possession and use of the Apple Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. Intellectual Property Rights. You and Get Together acknowledge that, in the event of any third-party claim that the Apple Store Sourced App or your possession and use of that Apple Store Sourced App infringes that third party's intellectual property rights, as between Get Together and Apple, Get Together, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
g. Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Third Party Terms. You must comply with any applicable third party terms of agreement when using the Apple Store Sourced App (e.g., your wireless data service agreement).
i. Third Party Beneficiary. You and Get Together acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as related to your license of the Apple Store Sourced App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the Apple Store Sourced App against you as a third-party beneficiary thereof.
j. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the Apple Store Sourced App.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE PLATFORM CONTENT, AND THE MEME CONTENT, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GET TOGETHER AND ITS, VENDORS AND THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "GET TOGETHER PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM, PLATFORM CONTENT, AND MEME CONTENT; (B) USER CONTENT; AND/OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GET TOGETHER OR VIA THE PLATFORM. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GET TOGETHER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED OR USED BY YOU WILL MEET YOUR EXPECTATIONS.
THE GET TOGETHER PARTIES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE GET TOGETHER PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM AND ALL PLATFORM FEATURES IS AT YOUR SOLE RISK.
THE GET TOGETHER PARTIES DO NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE GET TOGETHER PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING A PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM.
LIMITATION OF LIABILITY; WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE GET TOGETHER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO: (A) THE PLATFORM OR THE PLATFORM CONTENT AND THE AVAILABILITY OR UNAVAILABILITY THEREOF; (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PLATFORM; (D) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GET TOGETHER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM; (E) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION; OR (G) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GET TOGETHER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IN NO EVENT WILL THE GET TOGETHER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, TO GET TOGETHER FOR (A) PRODUCT(S) ORDERED THROUGH THE PLATFORM OR TEN UNITED STATES DOLLARS ($10.00). THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE GET TOGETHER PARTIES' OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE GET TOGETHER PARTIES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY GET TOGETHER PARTIES, OR FOR THE GET TOGETHER PARTIES' GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GET TOGETHER'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB PLATFORM, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GET TOGETHER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB PLATFORM, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GET TOGETHER PARTIES.
BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Get Together reserves the right to suspend or terminate your license to access and use all or some of the Platform with or without notice if Get Together in its sole discretion, determine that you are in breach of these Terms or have engaged in conduct that Get Together, in its sole discretion, deems inappropriate.
In the event of suspension or termination by Get Together, we may delete your User Content, history, and other information; and bar your further use of the Platform. You understand that such actions may be taken without any liability whatsoever to you for any suspension or termination, including for deletion of User Content.
All provisions of these Terms by their nature should survive termination, will survive termination of your access to the Platform, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
If your access to the Service is terminated under these Terms, then you agree that you will not attempt to access the Service through any means. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions set forth in these Terms without any notice or warning to you.
Get Together also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Platform Content or Meme Content, or discontinue and cease operation of any Platform in its entirety.
LOCATION OF THE PLATFORM AND TERRITORIAL RESTRICTIONS
Get Together controls and operates the Platform from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Platform are appropriate for use or access in other locations. The information, products, and services provided on the Platform are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Get Together to any registration requirement within such jurisdiction or country. Anyone using or accessing the Platform from outside the United States does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Platform or any portion of the Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Platform may be subject to United States export controls. Thus, no software from the Platform may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any region or country to which the United States has embargoed goods or that has been designated by the U.S. government as "terrorist supporting" (including Crimea, Donetsk or Luhansk regions of Ukraine, Cuba, North Korea, Iran, as such list may be amended); or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing this Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You agree to comply with all rules, laws and regulations that are applicable to your use of the Platform, including, without limitation, those governing your transmission or use of any software or data.
BINDING ARBITRATION ("Arbitration Agreement")
a.Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Platforms, to these Terms, or to any aspect of your relationship with Get Together will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Get Together may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises, otherwise the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
If you agree to arbitration with Get Together, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against the Get Together Parties alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against the Get Together Parties in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
a.Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim. Your letter must include the date(s) and amount(s) of any relevant transaction or interaction with us and your requested relief. The letter must be sent to Attn: Legal Department, Get Together, Inc., 2930 Domingo Ave., No. 702, Berkeley, CA 94705. You and we agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within sixty (60) days, you may commence an arbitration action as set forth herein. Subject to the arbitration provider's rules, your demand for arbitration must clearly identify the claimant, the claimant's legal claims and specific requested relief and, if filed by legal counsel, proof of express authorization by the claimant to file the arbitration demand submitted with the arbitration demand. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Unless you and Get Together agree otherwise, the arbitration will be conducted in the City and County of San Francisco or Alameda County, California.
Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted by telephone, based solely on written submissions, or by in-person hearing as established by the JAMS rules. Get Together will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Get Together after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
b.Fees. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees, and you cannot obtain a waiver from JAMS, Get Together will pay them for you. In addition, for claims totaling less than $10,000, Get Together will reimburse you for any JAMS filing, administrative, hearing and/or other fees (but not including your attorneys' fees) that you have paid, unless the arbitrator determines the claims are frivolous If the arbitrator determines the claims are frivolous, you agree to pay Get Together's attorneys' fees and costs in the arbitration, to the extent permitted by applicable law.
c.Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Get Together. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
d.Waiver of Jury Trial. You and Get Together hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Get Together are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in (a) of this Arbitration Agreement above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e.Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in the "Governing Law and Venue" section below.
You and Get Together agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Get Together within an approximately (60) sixty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that -- in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration -- (s)he may group demands for arbitration into groups of not fewer than fifty (50) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a "Batch Arbitration"). You and Get Together agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a "similar nature" if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
f.30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by providing us written notice to: Attn: Legal Department, Get Together, Inc., 2930 Domingo Ave., No. 702, Berkeley, CA 94705 within 30 days after you first access the Platform. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
g.Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
h.Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Get Together.
i.Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Get Together makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Get Together.
GOVERNING LAW AND VENUE
To the extent any claim, dispute or controversy regarding Get Together or our Service isn't arbitrable under applicable laws or otherwise: you and Get Together both agree that any claim or dispute regarding Get Together will be resolved exclusively in a California court governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law. If you're a consumer in the EEA, the Arbitration Agreement does not apply to you.
The failure of Get Together to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Get Together's rights with respect to such breach or any subsequent breaches. No waiver by Get Together of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Get Together. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Get Together may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Get Together's prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court, arbitrator, or other adjudicative body should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Get Together by virtue of Get Together having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by Get Together. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, "Disclaimer of Warranties," "Limitation of Liability; Waiver" and "Arbitration Agreement").
OUR RIGHT TO UPDATE THESE TERMS
Get Together reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Platform so that they are accessible via a link on the homepage or otherwise, and that your use of a Platform after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Platform. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Platform from that point forward.
Get Together, Inc.
Address: Attn: Legal Department, Get Together, Inc., 2930 Domingo Ave., No. 702, Berkeley, CA 94705.