Agreement. Please read the following information carefully before using this Site. By completing registration, you agree to be bound by this Agreement. Currently, the Site is available only to United States residents who are 18 years of age or older. If you do not agree with any part of the Agreement, do not use this Site. Groupable reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, and by using this Site after clicking "I agree" to the new terms OR the posting of a modification, you accept the modifications.
Disclaimer of Warranties; Limitation of Liability. ALL GROUPS AND SURVEYS DESCRIBED ON THE SITE MAY BE SUBJECT TO PRIOR SURVEYS AND/OR SPONSORSHIP; SOME GROUPS MAY NOT BE ACCEPTING NEW MEMBERS; AND EACH USER IS RESPONSIBLE FOR DETERMINING THE LEGALITY OF THE USER'S OWN OFFERS AND POSTINGS, including but not limited to, (a) offering, paying or accepting fees for completing surveys, (b) requesting or providing membership in groups relating to certain goods and services, or (c) requesting or providing certain goods and services over the Internet. Accuracy of the information provided on this Site cannot be guaranteed, and Groupable makes no warranties or representations as to its accuracy. Because much of the content of this Site is provided by users and not by Groupable, THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Because much of the content of this Site if provided by users and not by Groupable and transactions are provided solely by users, GROUPABLE HAS NO RESPONSIBILITY OR LIABILITY FOR THE CONTENTS OF ANY POSTING OR THE RESULTS (OR LACK OF RESULTS) OF ANY POSTING OR TRANSACTION. These warranties are hereby excluded to the fullest extent permissible by law. UNDER NO CIRCUMSTANCES SHALL GROUPABLE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO THE RESULTS OF ANY POSTINGS OR ANY FEES DUE AS A RESULT OF ANY TRANSACTION. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100.00, whichever is less.
Payment/Provisions of Others Goods or Services. In using this Site, you agree to pay the fees or provide the goods or services owed to users who respond to your request(s) for sponsorship and/or for information requests in surveys and to Groupable. AT NO TIME DOES GROUPABLE CONTROL ANY FUNDS, GOODS OR SERVICES DUE TO ANY USER OR ANY THIRD PARTY. BECAUSE PAYMENT DEPENDS UPON THE USERS. ACTIONS AND NOT ON GROUPABLE.S ACTIONS, GROUPABLE DOES NOT AND CANNOT GUARANTEE ANY PAYMENTS, GOODS OR SERVICES TO ANYONE. [Any disputes must be resolved between and among the users; Groupable has no obligation to resolve any disputes.]
No Guaranteed Responses, Revenue, Goods or Services. Groupable makes no promise or guarantee as to the level of survey responsiveness, membership, sponsorship, or other actions taken by users of the Applications, or the amount of any payment to be made to you under this Agreement. YOU UNDERSTAND THAT YOU MAY NEVER RECEIVE ANY RESPONSES OR FEES, GOODS OR SERVICES WHATSOEVER AS A RESULT OF BECOMING A USER OF THIS SITE.
Payment. Groupable has entered into agreements with local and national companies that are looking to reach their target users and with groups looking for sponsorship, which may generate revenue on the basis of sponsorship, survey responses, clicks, or other transactions displayed and confirmed as solely determined by the company or group making the offer. Groupable reserves the right to change the fees it charges at any time. ALL PAYMENTS WILL BE MADE IN UNITED STATES DOLLARS, except where prohibited by law.
Taxes. You will be responsible for withholding, filing, and reporting all taxes (except Groupable. U.S. income taxes), duties and other governmental assessments associated with your use of the Groupable Service. You agree to pay all applicable taxes or charges imposed by any government entity in connection with you use of this Site.
Prohibition of 'Click Fraud' and Similar Activities. You shall not, nor may you permit, authorize or enable any third party to, (i) directly or indirectly generate queries, impressions or clicks on any sponsorship(s) through any manual, automated, or otherwise fraudulent means, including but not limited to repeated clicks, the use of robots or other automated query tools, (ii) edit or modify the information contained in any sponsorship, including but not limited to the presentation or the URL or URL mapping that may exist into the survey, or (iii) run the sponsorship through any additional service that rewrites the URLs contained in the sponsorship.
Privacy. Personal information transmitted to Groupable will be treated in accordance with our Privacy Policy. It is the requirement of all group leaders that they publish an appropriate privacy policy so that all individuals and entities whose data is collected by a group leader and provided to us for our usage complies with privacy policy requirements as set forth by all federal and state laws.
Our Copyrighted Materials; Infringement Claims. The copyrights in all text (including our auto-sponsorship programs and baseline survey forms), images, screens and other materials provided on this Site (collectively, the "Materials") are owned by Groupable and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of Groupable or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the Materials infringe on any third party's rights, please contact Groupable immediately at the address provided below. Except as expressly provided herein, Groupable and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Groupable's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Non-Profits: Organizations claiming non-profit status must adhere to guidelines under section 501(c)(3) of the Internal Revenue Code. Groupable takes no responsibility in verifying the non-profit status of groups registered on the site, or elsewhere. Sponsors selecting groups for engagement due to their non-profit claim are responsible for verifying such status in accordance with their organizations guidelines and policies.
Trademarks. Trademarks and service marks that may be referred to on this Site are the property of Groupable or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of Groupable or the Groupable logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. [You are not authorized to use our logo as a hyperlink to this Site unless you obtain Groupable's written permission in advance. Notwithstanding the foregoing, we will permit you to use our logo as a hyperlink for designated purposes by using the technology available on this Site.]
Your Submissions for Posting. Groupable does not claim ownership of the materials you post, upload, input or submit to this Site or its associated services (including through the use of the Site) (collectively 'Submissions'). By posting, uploading, inputting, providing or submitting your Submission you are granting Groupable and necessary sublicensees 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 Submissions, in any media known now or in the future and 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; Removal of Submissions. Groupable will not pay you any compensation with respect to the use of your Submission. Groupable may remove any Submission at any time in Groupable's sole discretion.
Your Warranties about Submissions. 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.
Content Provided by You and by Others. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, and any articles users submit for publication on the Site 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 Groupable, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service.
Disclaimer for Content. You understand that by using the Site you may be exposed to third party Content that is offensive or objectionable. UNDER NO CIRCUMSTANCES WILL GROUPABLE 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 SITE. 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.
Ratings. Sponsors will have the opportunity to rate their experiences with groups on this Site and to provide accurate, fair and respectful comments. A sponsor may submit a rating only once for any transaction. A sponsor may not post a rating for any group (a) to which you are related; (b) for which you work; or (c) against which you compete.
Right to Preserve and Disclose. Groupable may preserve Content and all other information you provide. Groupable may also disclose Content and all other information you provide 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 Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) protect the rights, property, or personal safety of Groupable, its users and/or the public; or (e) in the event that all or substantially all of Groupable's assets are acquired by a third party.
Prohibited Actions. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Content, or retrieve or record information about the Site or its users; (d) merge the Site or Content with another program or create derivative works based on the Site or Content; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Content; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Content or access to the Site to others; (g) use, or allow the use of, the Site or the Content in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (h) misuse or undermine our rating system; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, Groupable and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Prohibited Content. You are solely responsible for the Content you provide, and Groupable acts merely as a conduit for its distribution and publication. Groupable 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 Groupable believes information you provide is inappropriate for the Site, may violate this Agreement, may create liability for Groupable, or may cause Groupable to lose (in whole or in part) the services of its ISPs or other suppliers, or is otherwise objectionable. Groupable may also restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without notice, and without liability. You agree that the Content you provide will not, to the best of your knowledge: (A) be racist, supportive of terrorist activities, defamatory, libelous, unlawfully threatening or unlawfully harassing; (B) contain nudity, violence, or offensive subject matter or contains a link to an 'adult' website; (C) contain hidden pages or images or 'web bugs' or 'web beacons'; (D) solicit personal information from anyone under eighteen (18) years of age; (E) harass or advocate harassment of another person; (F) infringe any third party's copyright, trademark, service mark, trade secret, or other proprietary rights or rights of publicity or privacy; (G) include a photograph of another person that you have posted without that person's consent; (H) promote information, Material, or Content that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law; (I) involve the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing, instant messaging, or 'spamming'; or (J) violate any law or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising). USERS ARE PROHIBITED FROM USING ANY CONTACT INFORMATION THAT MAY APPEAR ON THIS SITE (INCLUDING BUT NOT LIMITED TO TELEPHONE NUMBERS, FAX NUMBERS OR E-MAIL ADDRESSES) FOR PURPOSES OF MARKETING OR PROMOTING THE GOODS OR SERVICES OF THE USER OR FOR ANY THIRD PARTY GOODS OR SERVICES, EXCEPT FOR THE SPONSORSHIPS AND SURVEYS FOR WHICH THIS SITE IS INTENDED.
Acceptance of Risks. You agree to accept all risks associated with the use of the Site and understand that any information posted using the Site 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 you post to the Site.
Issuance of Passwords. When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the Site. Passwords may not be shared or used by more than one individual. It is each individual user.s responsibility to remember and protect such password and not to disclose it to any other person.
Account Password and Security. When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the password-protected portions of Web Site. Passwords may not be shared or used by more than one individual. It is each individual user's responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You shall not access or use the Web Site by means of any automated program, expert system, electronic agent or 'bot,' and shall not give any person or entity access to the Web Site. You may never use someone else's account, username or password without permission. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of the password and account, and you agree that you are fully responsible for all activities that occur under your password or account. You agree to notify Groupable immediately if you discover any unauthorized use of your password or account or any other breach of security, at the address listed in the 'Contact Us' section.
Your Comments Submitted to Groupable. Comments, suggestions, ideas, concepts, know-how, techniques, or materials (including without limitation original or creative materials) sent or transmitted to Groupable for purposes other than advertising groups, sponsorships or surveys (collectively "Comments") shall be deemed to be non-confidential and shall become the sole property of Groupable. Subject to the conditions described on the Privacy Policy, Groupable shall have no obligation of any kind with respect to such Comments and shall be free to use, copy, modify and/or distribute the Comments to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Comments.
Ownership of Usage Data. Groupable may collect and aggregate data about your usage of the Site, and Groupable shall be the sole owner of such information. Groupable will use such data in accordance with the Privacy Policy.
Links. Although Groupable controls a few hyperlinks in the Site, some links within this Site may lead to third-party sites. Groupable includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that Groupable is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. Groupable reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by Groupable, and may have different terms of use and privacy policies, which Groupable encourages you to review.
Release; California Civil Code Waiver. 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 Groupable (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 Site Controlled from United States. This Site is controlled from offices within the United States." Groupable makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF [NEW JERSEY/DELAWARE] WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF [NEW JERSEY/DELAWARE] IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS.
Not Authorized to Do Business In Every Jurisdiction. Groupable is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to land, goods or services that are not available in your state or country.
Entire Agreement; 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 Groupable and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement.
Contact Us
For further information, or inquiries about this Agreement, please contact:
Groupable
PO Box 302
Millburn, NJ, 07041
I am of legal age to enter into this Agreement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:
Service Provider(s): Name of Agent Designated to Receive Notification of Claimed Infringement: Full Address of Designated Agent to Which Notification Should be Sent: Telephone Number of Designated Agent: Facsimile Number of Designated Agent: Email Address of Designated Agent:
To be effective, the Notification must include the following:
1.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.
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;
3.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4.
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5.
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
6.
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.
Date Last Revised: 2010-03-03 16:37:44