Getingate BETA Website And Toolbar Terms of Use
This Getingate
terms of use (the “Agreement”) is a legal agreement
that describes the terms applicable to the use by each user of your account (“you”
or “End User”) with respect to the use of the
services (“Services”) available through the Software (as defined
below) provided by Getingate, Inc. (the “Licensor”). By using
the Software, you expressly agree to be bound by this Agreement and to follow
the terms of this Agreement and all applicable laws and regulations governing
the use of the Software. Please read this Agreement carefully before accepting
it. This Agreement may be changed in the future at any time, as posted on www.Getingate.com/terms.php.
1.
Definitions.
“Content” means all content available through
the Software, including, without limitation, information, news, data, opinions,
text, images, audio clips, video clips, designs, logos, and compilations,
whether generated by Licensor or third party content providers, including,
without limitation, other users of the Software.
“Password” means the passwords and/or other
Software protocols issued by Licensor to you for access to the Software.
Passwords may be restricted from accessing certain Content otherwise available
on the Software.
“Privacy Policy” means the Site privacy
policy available at www.getingate.com/policy.php.
“Software” means the System and the Toolbar
and all electronic, data, storage and other features thereto.
“System” means the Internet site operated by
or for Licensor which is styled www.getingate.com and all related and
affiliated bulletin boards, services, forums, software, documentation,
interfaces and equipment.
“Toolbar” means the toolbar website software
component provided by Licensor.
“User Information” means the instructions,
FAQs, notifications, privacy policy and all other information relating to the
use of the Software that Licensor displays or makes accessible from the
Software from time to time.
2.
License. Subject to your compliance
with all the terms and conditions of this Agreement, Licensor grants to you a
non-exclusive, nontransferable, revocable, term license to use the Software and
to download and use the Content in the manner permitted by the Software solely
for your own non-profit personal purposes. Licensor reserves any and all
rights not expressly granted to you herein. Licensor also reserves the right
at any time and without prior notice to you, to issue new releases of the
Software from time to time, to change the Content and to change the features of
the Software and to cancel this license at any time with or without notice.
3.
Passwords. When this Agreement has been
accepted and agreed to by you, you will be issued a password to enable you to
access the Software.
4.
User Fees. Licensor currently charges
no fees for use of the Software
under this Agreement.
5.
Term, Termination. This Agreement shall
continue for an initial term of one (1) month from the date hereof or
until any earlier date of cancellation. Upon the expiration of such initial
term, this Agreement shall automatically renew for one (1) month unless
Licensor provides you written (including electronic) notice of its intention to
terminate this Agreement prior to the expiration of the initial term.
Notwithstanding the foregoing, either party may terminate this Agreement at any
time for any reason with or without notice. Upon the termination or expiration
of this Agreement you shall: (i) immediately stop using the Content and
the Software; (ii) destroy all Passwords issued to you; (iii) uninstall
all copies of the Toolbar from your computer systems and stop your use of the
System; (iv) pay all amounts owed by you to Licensor, if any. The
following Sections shall survive termination or expiration of the Agreement: 6, 10, 11, 12,
13 and 14.
7.
Responsibility for Content. You understand
that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials (“Content”), whether publicly
posted or privately transmitted via the Service, are the sole responsibility of
the person who provided such Content. This means that you, and not Getingate,
are entirely responsible for all Content that you upload, post, e-mail or
otherwise transmit via the Service. Getingate does not pre-screen or monitor
or control the Content accessible via the Service and, as such, does not
guarantee the accuracy, integrity, quality or lawfulness of such Content.
You understand that by using the Service you may be
exposed to third party Content that is offensive, indecent, objectionable or
even hateful or obscene. Under no circumstances will Getingate be liable in any
way for any third party Content, including but not limited to any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, e-mailed or otherwise transmitted via
the Service.
You agree that you must evaluate, and shall solely bear,
all risks associated with use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
8.
Removal and Preservation of Content.
You acknowledge that Getingate does not pre-screen or
monitor your or any third party Content, but that Getingate and its designees
will have the right (but not the obligation) in their sole discretion to refuse
or remove any Content that is available via the Service. Without limiting the
foregoing, Getingate and its designees will have the right to remove any
Content that violates the Terms of Use or is otherwise objectionable.
You acknowledge and agree that Getingate may preserve
Content and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the Terms of Use;
(c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of
Getingate, its users and the public.
9.
Rights to Content.
Getingate does not claim ownership of the materials you
post, upload, input or submit to any Getingate Web Site or its associated
services (including through the use of the Software) (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Getingate, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission, and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of
your Submission. Getingate is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in Getingate’s sole
discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
(a)
Eligibility. Use of Software and the
Content contained therein is void where prohibited. By using the Software, you
represent and warrant that (a) all registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such
information; and (c) you are 13 years of age or older. Licensor may
terminate this Agreement at any time without warning if Licensor believes you
are under 13 years of age.
(b)
Internal Use. Access to the Software and the
Content contained therein is being provided to you solely and exclusively for
your own non-profit personal use. You shall not, and shall not permit any
person or entity under your direct or indirect control to: (i) re-circulate,
publish, broadcast, distribute or otherwise provide Content or access to the
Software to any other person or entity, including but not limited to, through
written, oral or electronic means, without the prior written consent of
Licensor; or (ii) use the Software or Content on a service bureau, time
sharing or any similar basis, or for the benefit of any other person or entity.
(c)
Additional Restrictions. You agree not to: (i) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute
or otherwise assign or transfer the Content or access to the Software to
others; (ii) decompile, reverse engineer, disassemble, modify, reduce the
Software to human perceivable form or create derivatives works based upon the
Software or any part thereof; (iii) merge the Software or Content with
another program or create derivative works based on the Software or Content; (iv) remove, obscure, or alter any notice of the copyright or other propriety legends
on the Software or Content; (v) disable any licensing or control features
of the Software; (vi) use, or allow the use of, the Software or the
Content in contravention of any federal, state, local, foreign or other
applicable law, or rules or regulations of regulatory or administrative
organizations; (vii) introduce into the Software any virus or other code
or routine intended to disrupt or damage the Software, alter, damage or delete
any Content, or retrieve or record information about the Software or its users;
or (viii) otherwise act in a fraudulent, malicious or negligent manner
when using the Software.
(d)
Your Content. You are solely responsible
for the Content you provide, and Licensor acts merely as a conduit for its
distribution and publication. However, Licensor reserves the right to
take any action with respect to such information it deems necessary or
appropriate in its sole discretion (including, without limitation, rejecting,
removal, and refusal to post any Content) if Licensor believes information you
provide is inappropriate for the Software, may create liability for Licensor, or
may cause Licensor to lose (in whole or in part) the services of its ISPs or
other suppliers. Licensor may also restrict, suspend, or terminate your access
to all or any part of the Services at any time, for any or no reason, with or
without notice, and without liability. Although Licensor requires that
Software users must be at least thirteen (13) years of age or older, you must
nonetheless ensure that Content you provide is acceptable for viewing by
Software users who might not be adults. You agree that the Content you
provide will not to the best of your knowledge: (a) infringe any third
party’s copyright, trademark, or other proprietary rights or rights of
publicity or privacy;(b) violate any law or regulation (including without
limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (c) be racist,
supportive of terrorist activities, defamatory, libelous, unlawfully
threatening or unlawfully harassing;(d) harass or advocate harassment of
another person; (e) exploit people in a sexual or violent manner; (f) contain nudity, violence, or offensive subject matter or contains a link to an
adult website; (g) solicit personal information from anyone under eighteen
(18) years of age; (h) provide any telephone numbers, street addresses,
last names, URLs or email addresses; (i) promote information that you know
is false or misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous; (j) promote an
illegal or unauthorized copy of another person’s copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files; (k) involve the transmission of “junk
mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,”
or “spamming”; (l) contain restricted or password only access pages or
hidden pages or images (those not linked to or from another accessible page); (m) further or promote any criminal activity or enterprise or provide instructional
information about illegal activities including, but not limited to making or
buying illegal weapons, violating someone’s privacy, or providing or creating
computer viruses; (n) solicit passwords or personal identifying
information for commercial or unlawful purposes from other users; (o) involve commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, or pyramid schemes; nor (p) include a photograph of another person that you have posted without that person’s
consent.
(e)
Content License. When you provide Content
in connection with use of the Software, you grant to Licensor a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable (through
multiple tiers) right to exercise the copyright, publicity, and database right
you have in the Content, in any media known now or in the future.
(f)
Security. You agree to accept all risks
associated with the use of the Software and understand that any information
posted using the Software may be accessed by third parties and should not be
considered to be secure or protected. You are responsible for using your good
judgment in what is posted using the Software. You shall not access or use the
Software by means of any automated program, expert system, electronic agent or “bot”,
and shall not give any person or entity access to the Software. In the event
your Password is lost or stolen it is your responsibility to notify Licensor by
facsimile sent to the address listed in Section 17 below.
(g)
Miscellaneous. Licensor may collect and
aggregate data about your usage of the Site, and Licensor shall be the sole
owner of such information. You shall immediately notify Licensor of any
suspected errors or omissions in the Software.
14.
Relief. In the event of a breach or
threatened breach of any of the provisions of this Agreement by you, you
acknowledge that: (i) such breach is likely to diminish substantially
the value of the Software and irreparably harm Licensor and will not be
susceptible of cure by the payment of monetary damages and (ii) Licensor
shall be entitled to immediately terminate your access to the Software and to
obtain injunctive relief and/or other equitable relief, in addition to other
remedies afforded by law, all of which shall be cumulative, to prevent or
restrain such breach of this Agreement. In the event that Licensor shall
employ an attorney to enforce the terms and conditions of this Agreement, you
shall be liable for all reasonable costs and expenses sustained by Licensor in
the enforcement of such terms and obligations, including but not limited to
reasonable attorneys’ fees and expenses, costs of collection and court costs.
15.
Assignments. Licensor may assign any
rights, obligations, or licenses granted hereunder at any time without your
consent. Neither this Agreement nor any rights, obligations or licenses
granted hereunder may be assigned, delegated or subcontracted by you, by
operation of law or otherwise, without the prior written consent of Licensor,
which may be withheld in its sole and absolute discretion.
16.
Notices. Notices to you shall be
effective when sent to the e-mail address that you provided to the System at
the time of registration. You may send notices to the Licensor by sending an
e-mail to the following address: barishnikov.sasha@gmail.com.
17.
Notice and Procedure for Making Claims of
Copyright Infringement.
If you believe that your work has been copied in a way that
constitutes copyright infringement, you may provide Licensor’s copyright agent
the written information specified below. Note that this procedure is
exclusively for notifying Licensor that your copyrighted material has been
infringed.
(a)
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
(b)
A description of the copyrighted work that you
claim has been infringed upon;
(c)
A description of where the material that you claim
is infringing is located on the site, including the listing number, if
applicable;
(d)
Your address, telephone number, and e-mail address;
(e)
A statement by you that you have a good-faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
(f)
A statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf.
Licensor’s Copyright Agent for notice of claims of
copyright infringement on its site can be reached as follows:
Getingate Inc. 7 Waldron Ave.
#2, Pikesville, MD, 21208. support@getingate.com.
Copyright agent: Emily Foster efoster@getingate.com.
Arbitration. In the
event that there shall be any dispute arising out of or in any way relating to
this Agreement, the parties covenant and agree to first use their reasonable
best efforts to resolve such dispute among themselves, with or without
mediation. If the parties are unable to resolve such dispute among themselves,
such dispute shall be submitted to binding arbitration in Houston, Harris
County, Texas, under the auspices of, and pursuant to the rules of, the
American Arbitration Association’s Commercial Arbitration Rules as then in
effect, or such other procedures as the parties may agree to at the time,
before a tribunal of three arbitrators, one of which shall be selected by
Licensor, one of which shall be selected by you, and the third of which shall
be selected by the two arbitrators so selected. Any award issued as a result
of such arbitration shall be final and binding between the parties, and shall
be enforceable by any court having jurisdiction over the party against whom
enforcement is sought. A ruling by the arbitrators shall be non-appealable.
The parties agree to abide by and perform any award rendered by the
arbitrators. If either party seeks enforcement of the terms of this Agreement
or seeks enforcement of any award rendered by the arbitrators, then the
prevailing party (designated by the arbitrators) to such proceeding(s) shall be
entitled to recover its costs and expenses from the non-prevailing party, in
addition to any other relief to which it may be entitled. If a dispute arises
and one party fails or refuses to designate an arbitrator within thirty (30)
days after receipt of a written notice that an arbitration proceeding is to be
held, then the dispute shall be resolved solely by the arbitrator designated by
the other party and such arbitration award shall be as binding as if three
arbitrators had participated in the arbitration proceeding. Either party may
cause an arbitration proceeding to commence by giving the other party notice in
writing of such arbitration. Each party covenants and agrees to act as
expeditiously as practicable in order to resolve all disputes by arbitration.
Notwithstanding anything in this Section 19 to the contrary,
neither party shall be precluded from seeking court action in the event the
action sought is either injunctive action, a restraining order or other
equitable relief. The arbitration proceeding shall be held in English.
18.
Claims. All claims you bring against
Licensor shall be resolved in accordance with this Section 19. All claims filed
or brought contrary to this Section 19 shall be considered improperly
filed. Should you file a claim contrary to this Section 19, Licensor may recover
attorneys’ fees and costs up to one thousand dollars ($1,000), provided that
Licensor has notified you in writing of the improperly filed claim, and you
have failed to promptly withdraw the claim.
19.
Release. Content may be offensive,
harmful or inaccurate. You agree to look solely to the original posting party
for any claims you may have regarding their information. If you have a dispute
with one or more users, you release Licensor (and its officers, directors,
agents, subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes. If you are a
California resident, you waive California Civil Code Section 1542, which
says: “A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor.”
20.
Entire Agreement; Amendments; Severability.
You acknowledge that you have read and understood this Agreement and that
you agree to be bound by its terms and conditions. You further agree that this
Agreement, together with the Privacy Policy, which is hereby incorporated into
this Agreement by reference, constitute the complete and exclusive statement of
the Agreement between you and Licensor and supersedes all other proposals or
prior agreements oral or written, and any other communications relating to the
subject matter of this Agreement.Licensor may modify this Agreement from time
to time and such modification shall be effective upon posting by Licensor to
the Site. You agree to be bound to any changes to this Agreement when you use
the Services after any such modification is posted. It is therefore important
that you review this Agreement regularly to ensure you are updated as to any
changes. In order to use certain Services, you may be notified that you are
required to download other software and/or content and/or agree to additional
terms and conditions. Unless otherwise provided by the additional terms and
conditions applicable to the Services in which you choose to participate, those
additional terms are hereby incorporated into this Agreement. If any provision
of this Agreement is found unenforceable, it shall not affect the validity of
this Agreement, which shall remain valid and enforceable according to its terms.