Terms of Use
Services provided by GetAt Inc.
Effective: March 1, 2017
These Terms of Use describe the terms and conditions applicable to your use of our websites in our domains getat.co and getatapp.com and their subdomains belonging to GetAt Inc. (“we,” “our,” or “us”), and the Get@ mobile application ("Get@") created by GetAt Inc. that you, the user, have downloaded (collectively, the “Services”), to your use of the information, materials, products, and services available through the Services. These terms also apply to the data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, Collections, Items, and other content or materials (collectively referred to as "User Content") that you submit to, upload, post or display on or via the Services.
By accessing or using the Services you agree to be bound by these Terms of Use. This is a legally binding contract between you and GetAt Inc., so please read these Terms of Use carefully.If you do not agree to be bound by these Terms of Use, do not access or use the Services, and delete the Get@ mobile app that you downloaded.
From time to time we may make available certain Services to which additional terms may apply. Additional terms will be available within those Services, and those terms will also become part of your agreement with us if you choose to access or use those Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND GetAt Inc. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND THAT YOU AND GetAt inc. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Who Can Use the Services
By using the Services you agree and acknowledge that:
• You can form a legally binding contract with GetAt Inc.
• You are at least 17 years of age
• You are creating an account for (i) yourself, or (ii) a business or entity on whose behalf you are expressly authorized to create an account
• If you are accessing or using the Services on behalf of a business or other entity, you are authorized to grant all licenses set forth in these Terms of Use and to agree to these Terms of Use on behalf of the business or entity
• You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction
• You will comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.
• You are solely responsible for all activities on our account including maintaining control over who accesses the phone number used for account setup and for providing account and profile information, and for controlling access to your email communications with GetAt Inc., at all times.
Rights You Have in the Services
We grant you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, nonexclusive, revocable license to access and use the Services. This license is for the sole purpose of letting you access and use the Services as permitted by these Terms of Use. This license does not grant you any right to use branding, logos, or other content or materials used in the Services and is subject at all times to your adherence to these Terms of Use and our usage policies.
By downloading or using our software, including the Get@ mobile app, you agree that the software may occasionally download and install upgrades, updates, and additional features from us on your device to improve, enhance, and further develop the Services. This may be done in the background when necessary or convenient, and may be done without notification to you. You agree not copy, modify, distribute, rent, sell, lease, transfer, or assign any part of the Services. You agree not to reverse engineer or attempt to extract the source code of software underlying the Services.
We reserve the right to modify or terminate the Services, or your access to the Services, for any reason, without notice, at any time, and without liability to you. This includes but is not limited to blocking or deleting your account and/or your User Content. If we do so, all licenses and other rights granted to you in these Terms of Use will immediately cease. We also reserve the right to remove, delete, edit, limit, or block access to any other information available through the Services, including any information you provide, without notice to you. You agree that we do not have to produce, provide, or permit you and others acting on your behalf to review, the information that we collect about you and others.
Rights You Grant Us
The Services may allow you to upload, submit, store, send, or receive content. You give and represent that you have the right to give GetAt Inc., our affiliates and subsidiaries, business partners, and service providers, a perpetual, royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works of, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the purpose of promoting and improving the Services, to develop new Services, and as otherwise granted by you.
If you choose to find your friends through your Contacts list, then you agree to provide our Services full access to your Contacts list and agree to the storage and update of your list on our servers such that we can perform the search necessary to determine whether or not someone associated with the information you provide is using Get@. Please see our Privacy Policy for details of our effort to keep this data secure.
You are solely responsible for all your User Content.
You fully understand and agree that we cannot be required to backup, secure, archive, restore or guarantee the integrity of your User Content on our servers and the Cloud, and that your User Content may be deleted, corrupted, or lost at any time without notice and without the possibility of reconstruction or retrieval.
GetAt Inc. is not responsible for, and does not endorse, any user's User Content posted within, displayed, or uploaded to the Services. We may access, review, screen, and delete your User Content, including but not limited to Collections and Items, at any time and for any reason without notice, including if your User Content violates these Terms of Use. You will still remain responsible for the content that you uploaded, submitted, stored, or sent through the Services.
By using our Services, you grant us the right to perform analytics and additional data processing activities and disclose and use the analytics internally and/or through third parties, based on the information that we collect and receive about you and your activities when you use our Services.
Feedback or suggestions are welcome, but you agree that, whether the communication is solicited or unsolicited, we can use the ideas contained therein without compensating or crediting you.
Privacy
You can learn about how we handle your information on the Services by reading our Privacy Policy, which is incorporated by reference herein. You should read our Privacy Policy carefully. By using the Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
Community Guidelines and Agreements
GetAt Inc. respects the rights of others and requires its users do the same. In accessing or using the Services, you agree to the following:
You agree that Your Account with strictly conform to the following rules:
• You will keep your login credentials secure.
• You will not create more than one account for yourself.
• You will not create another account if we have already disabled your account.
• You will not sell, transfer, license, or assign access to your account.
• You will not solicit, collect, or use the login credentials of other Get@ users.
• You must not create accounts with or access the Services through unauthorized means, including but not limited to by using an automated device, script, bot, spider, crawler, scraper, or unauthorized third-party application or client.
Your agree that your Use of Your Account is subject to the following restrictions:
• You must not access or use the Services for any illegal or unauthorized purpose.
• You are responsible for any activity that occurs through your account and you agree that you will not rent, sell, transfer, license, or assign your account, username, or any account rights.
• You must not access or use the Services or any information or content we make available on the Services for any purposes (including commercial purposes) not explicitly authorized by us in writing. You cannot copy, modify, distribute, rent, sell, lease, transfer, assign, perform, publicly display, and make available, or otherwise use any portion of the Services or the content made available on the Services except as set forth in these Terms of Use.
• You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use.
• You must not change, modify, adapt, or alter the Services or change, modify, adapt, or alter another website so as to falsely imply that it is associated with the Services.
• You must not use or develop any third-party applications that interact with the Services and its content or information (including other users' and your content) without our written consent.
• You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any of Get@ app's screens and pages are rendered or displayed in a user's browser or on a user’s device.
• You must not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
• You must not probe, scan, or test the vulnerability of the Services or any system or network.
Third-Party Links
We may make services, features, or functionalities available to you (including through links) that are operated by a third party. Each party’s terms will govern your relationship with them. We are not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
Indemnity
You agree to hold harmless GetAt Inc., our directors, officers, employees, affiliates, representatives, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses, including attorneys’ fees, due to or arising out of or in connection with your access or use of the Services or your breach of these Terms of Use, to the extent permitted by law.
Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
GETAT INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SERVICES. YOU UNDERSTAND THAT, BY ACCESSING AND USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE AND THAT GETAT INC. IS NOT RESPONSIBLE FOR SUCH CONTENT. GETAT INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY DAMAGE (WHETHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE) INJURY, CLAIM, LIABILITY, OR ANY OTHER CAUSE OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY CONTENT.
BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
Limitation of Liability
GETAT INC. AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES MADE AVAILABLE ON OR THROUGH THE SERVICES; OR (III) UNAUTHORIZED USE, ACCESS, OR ALTERATION OF THE SERVICES OR YOUR CONTENT ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GETAT INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED $150.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. YOU AND GETAT INC. AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION, AS DESCRIBED IN THIS SECTION.
Scope. All claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms of Use or your use of the Services will be resolved by binding arbitration on an individual basis. Clarifying, the phrase “all claims and disputes” includes claims and disputes that arose between us before the effective date of these Terms of Use.
Arbitration Forum. This dispute resolution provision is governed by the Federal Arbitration Act. Arbitration will be initiated through the American Arbitration Association ("AAA" , customer service number 1-800-778-7879) and will be governed by the AAA Consumer Arbitration Rules,. If the AAA is not available to arbitrate, the parties will select an alternative arbitration forum by mutual consent. The rules of the selected arbitration forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Use. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and GetAt Inc.
Waiver of Jury Trial.YOU AND GETAT INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and GetAt Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are general more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and GetAt Inc. over whether to vacate or enforce an arbitration award, YOU AND GETAT INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute resolved by a judge.
Waiver of Class or Consolidated Actions.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in “Venue,” below.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. This waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor GetAt Inc. can force the other to arbitrate. To opt out, you must notify GetAt Inc. in writing no later than 30 days after first creating a Get@ account or becoming subject to this arbitration agreement, whichever is earlier. Your notice must include your name and address and, if you have a Get@ account, your Get@ username and the phone number you used to set up your Get@ account, as well as a valid email address for contacting you. The notice must also include an unequivocal statement that you want to opt-out of this arbitration agreement. You must mail your opt-out notice to the address of record of GetAt Inc.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with GetAt Inc.
Venue
To the extent either you or GetAt Inc. is permitted to initiate litigation in court, both you and GetAt Inc. agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to these Terms of Use or your access or use of the Services will be litigated exclusively in the United States District Court for the Northern District of California or, if that court would lack original jurisdiction, then in the Superior Court of California, County of San Francisco. You and GetAt Inc. consent to personal jurisdiction in these courts.
Choice of Law
The laws of the State of California, USA, other than its conflict-of-laws principles, govern these Terms of Use and any claims and disputes arising out of or relating to these Terms of Use or their subject matter, including tort and statutory claims and disputes.
Other
If any provision of these Terms of Use is found unenforceable, then that provision will be severed from these Terms of Use and not affect the validity and enforceability of any remaining provisions. These Terms of Use make up the entire agreement between you and GetAt Inc., and supersede any prior agreements. These Terms of Use do no create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms of Use, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms of Use without our consent.
Contact
If you have any questions about these Terms of Use or wish to delete your Get@ account, please contact us by Email at feedback@getatapp.com
GetAt Inc. will comply with all authorized and verified account deletion requests within a reasonable time frame. However, please note that all your User Content will not be accessible, either via the Get@ app or by other means, after the account is deleted.