Groupsurfing Service and License Agreement
Please read these Terms of Service carefully before accepting them. These Terms of Service create an agreement (the "Agreement") between you and Groupsurfing, Inc. (“Groupsurfing”), regarding your use of Groupsurfing services and associated software (together the "Services"). All users must agree to all terms of this Agreement before using the Services. If you do not agree to this Agreement, please close this window and do not use the Services.
If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Services.
To access the Services, you will need your own computer and high-speed internet access.
To register, you must provide your legal name, company name and an email address which is in daily use by you (the "Registration Information"). Providing fake Registration Information is a breach of this Agreement. You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify Groupsurfing of any unauthorized use or breach of your account.
You are responsible for the content of all visual, written or audible communications, files, documents, videos, recordings, and any other material ("Content") accessed, used or provided in connection with your account. Groupsurfing will not be liable to you or any others for any loss or damages due to your use of the Services or your Services website. You agree to indemnify, defend and hold harmless Groupsurfing from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees) arising from your violation of this Section 4.
You agree not to upload, post, email, store, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise deemed objectionable by Groupsurfing or its affiliates.
You agree the Services and the intellectual property behind its creation is protected by copyright laws and international copyright treaties, patent laws and treaties as well as other intellectual property laws and treaties and you agree to abide by those laws and treaties. You agree that the Services comprise unique features derived from the exclusive intellectual property of Groupsurfing including but not limited to the transmission and display of viewing positions of users in real time or near real time, the transmission and display of messages attaching user viewing positions in real time or near real time and the transmission and display of resource and message timelines containing viewing position information or links thereto. You agree not to oppose Groupsurfing’s application(s) to obtain a patent on said exclusive intellectual property. You agree that this license is limited to use of the Services through software provided by Groupsurfing and does not grant you a license to use and you shall not use said exclusive intellectual property in any other way.
You agree not to upload, post, email, store, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," "affiliate links," or any other form of solicitation.
You agree not to upload, post, email, store, transmit, or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property, or that violates an individual's publicity or privacy rights.
Groupsurfing collects non-personal (aggregate or demographic) data through cookies, web logs, web beacons and through the Services. You agree this information is used to improve the usability, performance, and effectiveness of the Services.
You agree not to upload, download, transmit, store, or otherwise make available any code or material that harms or interferes with any device, software, network or service.
You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).
You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.
You agree Groupsurfing has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.
You automatically grant Groupsurfing and its affiliates, contractors, resellers and partners, a world-wide, royalty-free, sublicensable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in order for Groupsurfing to provide you the Services. If you object to any Content accessed using the Services, your sole remedy is to cease using the Services.
You may be required to download and install Groupsurfing software ("Software"). In that event, Groupsurfing agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of this Agreement. You may not use the Software for anything other than as intended by Groupsurfing in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by Groupsurfing are hereby reserved. You agree not to take any action to interfere with Groupsurfing's or its supplier's ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by Groupsurfing to access the Software; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and Groupsurfing or its affiliates, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.
The Services may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your state or country. Groupsurfing may make modifications to its features or any services to comply with laws and regulations.
You agree that Groupsurfing may suspend or terminate your access to the Services without notice if: (a) Groupsurfing determines that you have violated this Agreement or (b) Groupsurfing is required to do so by any court or government authority in any country.
Groupsurfing may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation.
You agree that Groupsurfing has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.
You agree to comply with this Agreement even after you are no longer using the Services.
Groupsurfing may discontinue the Service or change the Service at its sole discretion.
Groupsurfing may make available "beta" and/or “prototype” versions of the Services ("Beta Services") for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and is provided to you "AS IS"; (b) Groupsurfing makes no warranties and disclaims all liability with respect to the Beta Services; and (c) you agree to respond to Groupsurfing's questions and inquiries regarding your use of the Beta Services. You agree that Groupsurfing has not made any promises or guarantees that Beta Services will be announced or made available in the future and that Groupsurfing has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that Groupsurfing may use and incorporate into Groupsurfing products and services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to Groupsurfing without compensation. Groupsurfing may suspend or terminate access to Beta Services (and delete any Content or data provided to Groupsurfing with respect to such Beta Service(s)) at any time, without notice and without compensation.
If you believe that Groupsurfing or any of its affiliates or any user of Groupsurfing has violated a copyright, please contact us providing full details.
To the maximum extent permitted by applicable law, you agree to use the Services at your own risk. You agree that GroupSurfing and its suppliers, resellers and affiliates will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services. GROUPSURFING AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. GROUPSURFING AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
YOU AGREE THAT GROUPSURFING, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF GROUPSURFING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF GROUPSURFING AND ITS SUPPLIERS, RESELLERS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO GROUPSURFING FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
Groupsurfing may change the terms of this Agreement and recommends that you review them on a regular basis. You can review the most current version of this Agreement at: http://www.GroupSurfing.com/terms-of-service.html. If Groupsurfing makes a change to the terms it will post the revised Agreement at the link above. You agree that your continued use of the Services after this Agreement has been changed means that you have agreed to the changed terms.
Sometimes when you use the Services, you may also use a service or purchase goods which are provided by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that Groupsurfing shall have no liability or obligation relating to those services or goods.
Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks." As to Groupsurfing's Marks and the Marks of its suppliers, the Mark-owner retains ownership of all proprietary rights in all its Marks associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Groupsurfing Marks, or other proprietary information (including images, text, page layout, or form) of Groupsurfing without Groupsurfing's express written consent. You may not use any meta tags or any other "hidden text" utilizing Groupsurfing Marks without Groupsurfing's express written consent. You shall retain ownership of all proprietary rights, copyright and any other rights you already hold in your Marks.
You agree that the use of Groupsurfing is subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or Services websites or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
This Agreement, including the documents referred to in this Agreement, are the entire agreement regarding the Services and completely replace any prior agreements. Groupsurfing may assign or delegate its obligations under this Agreement either in whole or in part, without your prior consent.
Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.
You agree that if Groupsurfing does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of Groupsurfing's rights and that those rights or remedies will still be available to Groupsurfing.
If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.
This Agreement is governed by the laws of the District of Columbia in the United States without regard to its conflict of laws provisions.
Last Update: September 24, 2013