1. Member Accounts
In order to use certain features of the Website, you will have to create an account (“Member Account”). You may never use another’s Member Account without permission. As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Website to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2. Your Use of The Website
3. Intellectual Property Ownership
- GSC provides a variety of functions and services via the Website, including access to creating campaigns, missions and other tasks for your field team(s) to collect, structure and share retail intelligence (the “Service”). Unless otherwise noted, all text, content and documents available via the Service, including, any videos, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Materials”) are owned by GSC or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between GSC and you, all right, title and interest in and to the Materials will at all times remain with GSC and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, are registered and/or common law trade names, trademarks or service marks of GSC or the applicable Owner. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under GSC’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, GSC may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
- You retain ownership of your Content, and you hereby grant GSC and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with providing the Website to you. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Website are not proprietary to you, and can be used by GSC and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of GSC. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, and (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
4. Restrictions on Use
5. Acceptable Use
Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
- You shall not upload to, transmit through, or display via the Website any Content that: (i) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) contains confidential, proprietary, or trade secret information of any third party; (iii) violates the rights of others, including without limitation any privacy rights or rights of publicity; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information; (v) violates any applicable laws or regulations; (vi) makes any statement, express or implied, that you are endorsed by GSC; (vii) harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (viii) contains any unsolicited promotions, political campaigning, advertising or solicitations; or (ix) in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the GSC, any of its officers, directors, or employees, or other users to any harm or liability of any type.
- You shall not us the Website to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user’s account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
- You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website; (iii) “frame” or “mirror” any portion of the Website, or link to any Material other than via the homepage of the URL located at http://www.gospocheck.com/ or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website; or (v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law. GSC does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and GSC expressly disclaims any and all liability in connection with user submissions. GSC does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and GSC reserves the right to remove Content without prior notice and/or to terminate a user’s access to the Website, if the User has been notified of infringing activity and has had Content removed from the Website more than twice. GSC also reserves the right to decide whether Content is appropriate and complies with these Acceptable Use Restrictions at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
GSC is committed to respecting and protecting the legal rights of copyright owners. As such, GSC adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Materials infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (a) be provided to GSC’s designated agent, (“Copyright Agent”), as set forth below, and (b) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
GSC’s Copyright Agent to receive DMCA Takedown Notices is:
- Matt Talbot
- Email: email@example.com
- Telephone: 888-364-2650
For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for GSC to be authorized to takedown any Materials, your DMCA Takedown Notice must comply with all of the requirements of this Section.
10. United States Only
Without limiting the foregoing, the Materials and all other features on the WEBSite are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the WEBSite and/or Materials, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then GSC hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from GSC, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, GSC does not make any warranties that the WEBSite will be uninterrupted, secure or error free or that your use of the WEBSite will meet your expectations, or that the WEBSite, Materials, or any portion thereof, is correct, accurate, or reliable. GSC reserves the right to change any part of the WEBSite at anytime without notice.
12. Limitation of Liability
13. Choice of Law and Enforcement
Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.
15. No Archive
Notwithstanding anything contained herein, the functionality provided to you by the Website and the GSC’s systems, networks and servers are not an archive and GSC shall have no liability to you or any other person for loss, damage, or destruction to your Content or any other information submitted to or via the Website. You shall be solely responsible for (a) uploading your Content, (b) preventing any loss or damage to your Content, and (c) maintaining independent archival and backup copies of any Content.