Terms of Service
Last Updated July 16, 2008
The Privacy Policy is considered to be part of these Terms of Use.
These Terms of Use govern your access to and use of Grouply’s website (the “Site”), any information, text, graphics, or other materials uploaded, downloaded or appearing on the Site, and the services provided through the Site. Your access to and use of the Site is expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site you agree to be bound by these Terms of Use. In addition, when using particular Grouply owned or operated services, you may be subject to additional posted guidelines or rules applicable to such services. You acknowledge and agree that Grouply may revise these Terms of Use from time to time. By continuing to access or use the Site after Grouply makes any such revision, you agree to be bound by the revised Terms of Use.
Services
Grouply provides users with access to various communications, aggregation and collaboration tools, forums, and search services (the “Services”). Grouply is not affiliated with other online group forums, such as Yahoo! Groups, Google Groups, AOL, Groups, MSN Groups, myspace, and other such group websites, and the Services are not a part of the products and services offered by these service providers. In the future, the Services may include advertisements, which may be placed alongside or below messages.
As part of providing you the Services, Grouply may need to provide you with certain communications about Grouply, such as service announcements and administrative messages. These communications about Grouply are considered part of the Services and your Grouply account membership and you will not be able to opt out of receiving them.
Registration
In order to receive the Services, you must register with Grouply and provide certain information about yourself as prompted by the Services registration form (“Registration Data”). In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to: (a) provide true, accurate, current and complete Registration Data and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Grouply has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Grouply has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Passwords
In order for Grouply to provide you with the Services, you will need to provide Grouply with your username and password to your online group account that you want to access through Grouply. Grouply will use your username and password to your online group account solely to access your online group account to the extent necessary to provide the Services and will otherwise keep your password confidential. You are still responsible for maintaining the confidentiality of your password(s) and account(s) and are fully responsible for all activities that occur under your username(s) or account(s). You agree to immediately notify Grouply of any unauthorized use of your password(s) or username(s) or any other breach of security. Grouply cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
By providing your username and password to your online group account to Grouply, you hereby acknowledge, agree, and authorize Grouply to access and use your online group account on your behalf for the purposes of providing you the Services. Grouply will use your username and password only to access your online groups (e.g., Yahoo Groups) to provide the Services. Grouply will NOT use your username and password to access other services such as Yahoo Mail and Yahoo Finance that are not related to your online groups.
Privacy
Registration Data, your username and password to your online group account(s) and certain other information about you is subject to our Privacy Policy. See Grouply’s Privacy Policy for information and notices concerning Grouply’s collection and use of your personal information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to hosting and storage facilities in the United States.
Content
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials appearing on the Site (collectively referred to as “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You, and not Grouply, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Grouply does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that might be offensive, indecent or objectionable. Under no circumstances will Grouply be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
For all Content that you submit or make available for inclusion on publicly accessible areas of the Services, you grant Grouply a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site and via the Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Site or Services and will terminate at the time you remove or Grouply removes such Content from the Site or Services. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Grouply, the Site or Services is entirely voluntary and Grouply will be free to use such feedback, comments or suggestions as it sees fit, entirely without obligation of any kind.
Usage and Storage
To protect the privacy and security of our users and to prevent Denial of Service attacks, Grouply may establish general practices and limits concerning use of the Services, including without limitation the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Grouply’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. Grouply reserves the right to log off accounts that are inactive for an extended period of time. Grouply reserves the right to modify these general practices and limits from time to time.
You agree that Grouply has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You further agree when accessing the Site or using the Services to fully comply at all times with our Anti-Spam Policy.
Grouply Property
All right, title, and interest in and to the Site and Services are and will remain the exclusive property of Grouply and its licensors. The Site and Services are protected by copyright, trademark, and other laws of both the
General Prohibitions
You agree not to do any of the following while using the Site or Services:
- Post, publish or transmit any Content that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use non-public areas of the Site, Grouply’s computer systems, or the technical delivery systems of Grouply’s providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Grouply or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
- Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
- Impersonate or misrepresent your affiliation with any person or entity.
Grouply will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Grouply may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Grouply has no obligation to monitor your access to or use of the Site, Services, and any user provided Content but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
When you register with Grouply, you acknowledge that in using the Services to send electronic communications (including but not limited to email, search queries, sending messages to other users, uploading Content, and other Internet activities), you will be causing communications to be sent through Grouply’s computer networks, portions of which may be located in various locations in the United States and/or abroad. As a result of Grouply’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Use, you acknowledge that use of the service results in interstate data transmissions.
Digital Millennium Copyright Act Compliance
Grouply respects the intellectual property rights of others and expects users of the Site to do the same. At Grouply’s discretion and in appropriate circumstances, Grouply may terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Grouply’s designated agent for notice of alleged copyright infringement appearing on the Site is:
Mark Robins, Copyright Agent Grouply, Inc.
495 Seaport Court, Suite 103
ph: 650-568-9824
fax: 650-568-9824
email: support@grouply.com
Filing a notice of infringement with Grouply requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website.
Use of the Site at Your Own Risk
Your access to and use of the Site, the Services or any Content is at your own risk. Grouply will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, the Services, or any Content. Any correspondence or business dealings with, or participation in promotions of, advertisers and third parties found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Grouply shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and third parties on the Services.
Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that Grouply is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Grouply of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination
If you violate any of these Terms of Use, your permission to use the Site and Services will automatically terminate. Grouply reserves the right to revoke your access to and use of the Site and Services at any time, with or without cause. While Grouply also reserves the right to cease providing or to change the Site or Services at any time and without notice, it will make commercially reasonable efforts to notify users of changes to the Site or Services, if those changes are material and relevant to most users.
Indemnity
You agree to defend, indemnify, and hold harmless Grouply, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or the Services, your violation of these Terms of Use or any Content posted, published, transmitted or otherwise provided by you or on your behalf.
The Site and Services are Available “AS-IS”
THE SITE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GROUPLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. GROUPLY MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GROUPLY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GROUPLY OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROUPLY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR FROM THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GROUPLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Severability
In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.
Waiver
The failure of Grouply to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Services, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Entire Agreement
These Terms of Use are the entire and exclusive agreement between Grouply and you regarding the Site and Services, and these Terms of Use supersede and replace any prior agreements between Grouply and you regarding the Site and Services.
If you have any questions about these Terms of Use, please contact Customer Care at support@grouply.com.