Last Modified: 04/10/2015
BY REGISTERING FOR AND/OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.
TERMS OF SERVICE
Thank you for using GripeO!
The Products and Services offered on this website are provided by GripeO, a New York State Limited Liability Company. The Terms of Service ("Agreement" or "Terms") govern, and legally bind your access and use to the website/ mobile application ("Site") and all products or services ("Services") offered by GripeO.
THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING BUSINESSES, ENTITIES, ORGANIZATIONS OR ANY USER WHO IS A CONTRIBUTOR OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.
If you have any questions about this Terms of Service please contact us at firstname.lastname@example.org.
Simply put: Every company has their terms, these are ours.
1. USING GRIPEO
You must be at least 13 years of age to use the Services offered by GripeO. You represent and warrant that if you are an individual of legal age to form a binding contract. If you register an account on behalf of a company or entity, you represent and warrant that you are authorized to grant all permissions provided in these Terms and bind the entity to these Terms on behalf of the company or entity. You also agree that all registration and content relating to the service is submitted by you and is accurate and truthful.
GripeO maintains sole discretion, to refuse the Service to any person or entity and change its eligibility criteria at any time for any reason. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. The Terms of Service are personal to you, and are not assignable, transferable or sub licensable by you except with GripeO's prior written consent.
Simply put: You must be at least 13 to use GripeO. We can decline you access to the site if you do not use it for the intended purpose and if you register as a company, just make sure to get permission from your boss.
At GripeO, we value your opinion. We appreciate your feedback and if you have any ways, in which we can improve our site or service, please let us know. If we implement your idea, and are able to generate revenue off of it, we may structure a financial award or agreement with you. Please feel free to contact us at any time at email@example.com. If you have a complaint, just gripe us!
Simply put: Don't be a stranger with your feedback.
These Terms of Service may be updated by GripeO from time to time without notice to you and it is your responsibility to check the Terms from time to time. GripeO reserves full discretion as to whether the content or revisions of the Terms or the Service are material, in which case you will be notified of the update. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms.
GripeO reserves the right, at its sole discretion, to modify or replace any of the Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. GripeO may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Some of our Products or Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Simply put: Things in life change sometimes. We will notify you if there are major changes here at GripeO.
5. RULES AND CONDUCT
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. The Service offered to consumer users (including, without limitation, any Content or User Submissions) is provided only for personal, non-commercial use. All users are responsible for all of your activity in connection with the Service.
For purposes of the Terms of Service, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by GripeO or its partners on or through the Service.
You shall not (and shall not permit any third party to) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by GripeO in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- involves commercial activities and/or sales without GripeO's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of GripeO or any third party; or
- impersonates any person or entity, including any employee or representative of GripeO.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by GripeO in its sole discretion) an unreasonable or disproportionately large load on GripeO's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures GripeO may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Simply put: GripeO truly appreciates your contribution to our site and service. Please don't be a jerk and abuse our site or fellow users.
In order to use the Service, you may be required to register with GripeO. You shall provide GripeO with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your GripeO account.
GripeO reserves the right to refuse registration of, or cancel a user creation in its sole discretion. You are responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your GripeO password. You shall never use another user's account without such other user's express permission. Please contact us at firstname.lastname@example.org if you feel there has been a security breach or you have difficulty registering.
Simply put: Please register your account appropriately and keep your account up-to-date.
7. THIRD PARTY SITES
The GripeO website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by GripeO. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from GripeO, you do so at your own risk and you agree that GripeO will have no liability arising from your use of or access to any third-party website, service, or content. The inclusion of any such link does not imply endorsement by GripeO or any association with its operators.
You further acknowledge and agree that GripeO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Simply put: We are not affiliated with any other site, so we are not liable for what you or they do on that site.
8. CONTENT AND LICENSE
You agree that the Service contains Content specifically provided by GripeO or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from GripeO, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
You grant GripeO a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with GripeO (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
Simply put: Don't try to re-create or sell our products and services without our permission. We can re-post your content if we think it is funny or to get the attention of businesses.
9. USER SUBMISSIONS
The Service provides you with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, you:
- acknowledge that you are publishing that User Submission, and that you may be identified publicly in association with any such User Submission;
- agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
- represent and warrant that the use or other exploitation of such User Submissions by GripeO and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
- understand that GripeO shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that GripeO will not be liable for any errors or omissions in any content; and that GripeO cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
- understand that the GripeO service is to provoke and stimulate complaint resolution; in your agreement of the service GripeO is permitted and authorized to utilize and market your data and content for sale to businesses in order for you to receive offers and resolutions from competitive business.
GripeO does not endorse and has no control over any User Submission. GripeO cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Simply put: What you post on our site may get seen by (many) others. Post responsibly. GripeO's goal is to get complaint resolutions and has your permission to market your submissions in order to get resolutions.
It is at the discretion of GripeO to suspend or terminate your account without notice if you breach any of the Terms and Conditions, herein. If you wish to terminate your GripeO account, you may discontinue using the Site or contact us via the Contact Us page and let us know that you would like to close your account.
Simply put: We can terminate your account. We probably won't--- but we can. If you want to terminate, just let us know.
11. WARRANTY DISCLAIMER
The Services, information or data (collectively, "Information") made available by GripeO are provided "AS IS," without warranties of any kind. GripeO expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. GripeO shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, software, data, information, materials and business resulting from the Information or the lack of information available through GripeO. GripeO shall have no liability for:
- Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
- Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
- Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
GripeO makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. GripeO makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, "GripeO" is its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
GripeO has no special relationship with or fiduciary duty to you. You acknowledge that GripeO has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release GripeO from all liability for you having acquired or not acquired Content through the Site.
Electronic Communications Privacy Act Notice (18USC 2701-2711): GRIPEO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. GripeO will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on GripeO's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Simply put: You understand that there are ill-intentioned people out there. We will always try our best to deliver a safe and secure site to all of our users, but there is always a chance that the/your Information on the site is at risk--- it is up to you to evaluate that risk.
You agree to indemnify and hold parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners of GripeO harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of:
(a) your use of the Site
(b) your breach of the Agreement
(c) any dispute between you and any Users, Members, Third Party Providers, Sources and/or other third parties;
(d) any claim that GripeO owes any taxes in connection with your use of the Site and/or
(e) your violation of any rights of another individual, entity or government
Simply put: If we are sued due to your wrongdoing, you will pay for our costs.
14. LIMITATION OF LIABILITY
GripeO shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GripeO's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
IN NO EVENT SHALL GRIPEO, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE OR ADD-TO LINK (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Simply put: We are creating the best service and experience possible for you. If we cause any harm or damage to you, we want to treat you fairly, but, if your concerns are not equitable, our fault is limited to $100.
15. DISPUTE RESOLUTION
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in Buffalo, NY before one arbitrator. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The cost of arbitration shall be shared equally by the parties. The parties agree that, any provision of applicable law notwithstanding, they will not request and the arbitrator shall have no authority to award, punitive or exemplary damages against either party. You and GripeO agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Simply put: If we have a dispute with you, we will go to arbitration rather than court. The arbitrator will provide a mutual solution to our dispute.
16. INTEGRATION AND SEVERABILITY
Simply put: This agreement supersedes any other agreement we may have had. If there is a part of the agreement that does not apply to you, it does not mean that the rest of the agreement is void.
17. PAYMENT TERMS AND SALES AGREEMENT
If you are a business and intend to make a payment to GripeO for information or services rendered by GripeO, please review our GripeO Enterprise Agreement.
This Agreement will be governed by the laws of the State of New York. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of New York and you agree to personal jurisdiction by the state and federal courts sitting in New York. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
If you have comments, questions or concerns contact us at email@example.com.
19. DISCLAIMER - COMMUNICATIONS DECENCY ACT (CDA)
GripeO.com is a website that hosts other people's content. As such it is protected by Section 230 of the CDA. In short, the CDA protects websites from 3rd party content hosted on their site.
Section 230 of the Communications Decency Act of 1996 (a common name for Title V of the Telecommunications Act of 1996) is a landmark piece of Internet legislation in the United States, codified at 47 U.S.C. § 230.
Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by others:
"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
Unlike the more controversial anti-indecency provisions which were later ruled unconstitutional, this portion of the Act remains in force, and enhances free speech by making it unnecessary for online service providers to unduly restrict customers' actions for fear of being found legally liable for customers' conduct.
1) to promote the continued development of the Internet and other interactive computer services and other interactive media;
(2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation;
(3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services;
(4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children's access to objectionable or inappropriate online material; and
(5) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer.
Feel free to Google search Section 230 of the Communications Decency Act and read more for yourself!