good2gether, Inc.
TERMS OF SERVICE
Last updated: 04/08/2008
Your access to and use of the good2gether, Inc., website properties, including without limitation good2gether.com, (collectively referred to as the “Website” or “Service”), is subject to these Terms of Service (this “Agreement”). By using the Service, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement.
The terms “you,” “your” and “yours” refer to you, the customer using the Service. The terms “good2gether”, “we”, “us ” and “our” refer to good2gether, Inc. We may periodically make changes to this Agreement. It is your responsibility to review the most recent version of this Agreement and remain informed about any changes to it. Any use of the Website after revisions to the Agreement have been made shall constitute your acceptance of the Agreement, as revised. If any changes to the Agreement are unacceptable to you, your sole remedy is to cease using the Website.
Eligibility:
You must be 13 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that you are 13 years of age or older and are fully able and competent to enter into, and abide by the terms of, this Agreement. You represent and warrant that the information you submit to us is true and accurate and that your use of the Service will not violate any applicable law or regulation.
License to Use the Service:
Subject to the terms and conditions of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service. Your right to use the Service is limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Website, including all appropriate intellectual property rights. The Website is protected by applicable intellectual property laws, including United States and foreign copyright laws and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website; (b) rent, lease, or sublicense access to the Service; or (c) circumvent or disable any security or technological features or measures of the Service.
Privacy Policy:
We may collect registration and other information about you through the Service. Our collection and use of this information is governed by the good2gether Privacy Policy, available at: http://dogoodchannel.com/about/privacy which is expressly incorporated as a term of this Agreement.
Site Content Limitations:
Other users of the Service may make certain information available to you as part of the Website, and may provide opinions or advice. Information provided by users of the Service is solely the opinion of such users and does not express the opinions of good2gether. good2gether does not necessarily exercise editorial control over content created or posted by others that you may access through the Service. Similarly, where information contained on the Website comes from other third parties, even where it may have been obtained by good2gether, good2gether makes no representations about the suitability of such content for any purpose. When reviewing such information, you should not assume that the user is unbiased, independent, or qualified to provide the information or advice. When reviewing user-generated or third-party information on the Website, it is important to understand that such information is not a guarantee by good2gether, and that your actual experience may be different.
good2gether encourages you to read the disclaimer below regarding the Service very carefully.
Access to the Service:
We do not provide you with the equipment to access the Website. You are responsible for all fees charged by third parties to access the Website (e.g., charges by Internet service providers).
Restrictions:
When using the Service, you must comply with all applicable laws, including rules against making false or misleading statements. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the textual information; audio, visual, and audiovisual works; or other content made available on the Website (“Website Content”); or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Service or Website Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content.
Submissions:
You acknowledge that you are responsible for the information and material that you submit or transmit though the Service (your “Submissions”), and that you, and not good2gether, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality, and copyright. Unless otherwise expressly stated herein, you agree that any Submission provided by you in connection with your use of the Service is provided on a non-proprietary and non-confidential basis.
You will retain all ownership rights in your Submissions. However, by submitting your Submissions to us, you hereby grant to good2gether a perpetual, non-exclusive, fully paid, royalty-free worldwide license (with the right to sublicense through multiple tiers of sublicensees) to use, copy, modify, adapt, transmit, and distribute your Submissions, unless otherwise restricted by this Agreement, including as provided by our Privacy Policy. You further represent and warrant that: (i) you own all right, title, and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Website does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay all royalties, license fees, and any other monies owed to any person by reason of any Submission posted by you on or through the Website. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your Submissions. Content created by you using the Service, including without limitation, charts, graphs, and other materials created using the Service, are considered Submissions under this Agreement.
In good2gether’s efforts to promote good citizenship within the good2gether community, if good2gether becomes aware of inappropriate use of the Service, good2gether, in its sole discretion, may respond in any way it deems appropriate. You acknowledge that good2gether may report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, good2gether may cooperate with law enforcement agencies in any investigation of alleged illegal activity.
We will have the right, but not the obligation to review Submissions. good2gether may remove any Submission that good2gether, in its sole discretion, determines is in violation of the terms of this Agreement or is otherwise deemed by good2gether to be inappropriate for posting.
System Use Policies:
good2gether asks that you respect our online community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Submissions to or otherwise using the Website, you agree not to:
- Use good2gether’s facilities, services, or resources (including the Service) in a manner that violates any applicable laws or regulations
- Intentionally access other users’ content or personal information in a way that exceeds your authorized permissions and access to the Service
- Solicit another users’ password or other account information
- Harvest user names, email addresses, or other personal information for any purpose
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated)
- Post Submissions that contain nudity, violence, or offensive subject matter
- Post photographs of another person without such person’s consent
- Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory, or libelous
- Engage in or facilitate the transmission of unsolicited mass mailing or “spamming”
- Use the Service in furtherance of business activities unrelated to the purposes for which good2gether has established a particular website
- Sell or otherwise transfer your profile or account on the Service
- Use good2gether’s facilities, services, or resources in a manner that interferes with or disrupts other network users, services, or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information, or communications devices or resources, or (iii) use of automated processes to interact with the Service, such as scripts to harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
- good2gether reserves the right to investigate and take legal action against anyone who, in its sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or Submissions, and terminating their access to the Service.
Password-Restricted Areas of the Website:
Certain areas of the Website may be password-restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify good2gether if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise potentially compromised. You agree that you are entirely responsible for any and all activities that occur within your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify good2gether of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.
Copyright Infringement:
good2gether respects the intellectual property rights of others and asks you to do the same. It is the policy of good2gether to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please contact good2gether at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) 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; and (5) 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.
Our designated agent for notice of copyright infringement can be reached at:
- good2gether, Inc.
- Attention: Copyright Compliance Officer
- One Broadway
- 14th Floor
- Cambridge, MA 02142
- Phone: (617) 401-2680
- Facsimile: (866) 649-9608
- Email: copyright@dogoodchannel.com
Feedback:
good2gether may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about the Service (“Feedback”). You agree that good2gether may, in its sole discretion, use the Feedback you provide to good2gether in any way, including in future modifications to the Service. You hereby grant good2gether a perpetual worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose.
Disclaimer of Warranties:
NEITHER GOOD2GETHER NOR ANY OF ITS DATA OR CONTENT PROVIDERS GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF INFORMATION ON THE WEBSITE, AND SHALL NOT BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON. YOUR USE OF THE SERVICE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOOD2GETHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOD2GETHER OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability:
GOOD2GETHER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GOOD2GETHER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE AND WEBSITE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity:
You will indemnify, defend and hold good2gether, as well as its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service or Website Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service or Website Content.
Links and Third-Party Content:
The Website may contain links to third-party products, services, and websites. We exercise no control over the third-party products, services, and websites, and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party products, services, and websites.
Changes and Updates to the Service and to this Agreement:
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Website without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. In addition, we may occasionally update the Service and this Agreement. When we do, we will revise the “last updated” date on this Agreement. You should check the Website and this Agreement regularly to review recent changes. By continuing to use the Website, you consent to any updates to the Service and this Agreement. This version of this Agreement supersedes all earlier versions.
Intellectual Property Rights:
good2gether may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Service. Except as expressly provided in this Agreement, the furnishing of the Service to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
Legal:
This Agreement is governed by the laws of the Commonwealth of Massachusetts, excluding conflicts of law principles. Any legal actions against us must be commenced in Boston, MA within one year after the claim arises. You consent to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts.
Contacting good2gether:
If you have any questions or concerns about the Service or this Agreement, please send us a thorough description by email to: support@dogoodchannel.com.