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1. In General. GotYourSpace.com is an online community for adults sixteen (16) years of age and older. The services offered by GotYourLimited d/b/a GotYourSpace.com ("GotYourSpace.com" or "we") include the GotYourSpace.com website (the "GotYour Website"), and any other features, content, or applications offered from time to time by GotYourSpace.com in connection with, or through, the GotYour Website (collectively, the "GotYour Services"). Persons under sixteen (16) years of age are prohibited from using the GotYour Services. This Terms of Use Agreement ("Agreement"), together with the GotYour Privacy Policy, as each may be revised from time to time, sets forth the legally binding terms for your use of the GotYour Services. In addition, when using particular GotYour Services, users shall be subject to any posted guidelines or rules applicable to such GotYour Services that may contain terms and conditions in addition to those in this Agreement. All such guidelines or rules are hereby incorporated by reference into this Agreement. In order to participate in certain GotYour Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such particular GotYour Services, those additional terms are hereby incorporated into this Agreement.
BY USING THE GOTYOUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, WHETHER YOU ARE A "VISITOR" (WHICH MEANS THAT YOU BROWSE THE GOTYOUR WEBSITE, BUT HAVE NOT REGISTERED) OR YOU ARE A "MEMBER" (WHICH MEANS THAT YOU HAVE REGISTERED WITH GOTYOURSPACE.COM). THE TERM "USER" REFERS TO A VISITOR OR A MEMBER. YOU ARE ONLY AUTHORIZED TO USE THE GOTYOUR SERVICES (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED) IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND TO THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU MUST LEAVE THE GOTYOUR WEBSITE AND DISCONTINUE USE OF THE GOTYOUR SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER, COMMUNICATE WITH OTHER MEMBERS AND MAKE USE OF THE GOTYOUR SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
GotYourSpace.com may modify this Agreement from time to time and such modification shall be effective upon posting by GotYourSpace.com on the GotYour Website. You agree to be bound to any changes to this Agreement when you use the GotYour Services after any such modification is posted. You acknowledge and agree that it is your responsibility to review this Agreement periodically and to be aware of any modifications. As used in this Agreement, references to GotYourSpace.com’s “Affiliates” includes the owners of GotYourSpace.com and its parent and subsidiary companies, affiliated companies, officers, directors, managers, members, suppliers, partners, sponsors, and advertisers and includes (without limitation) all parties involved in creating, producing, and/or delivering the GotYour Website and/or its contents.
We care about the safety and security of our Users, and ask that you exercise care in choosing the information you post on the GotYour Website and otherwise provide to other Users. You may not post telephone numbers, street addresses, last names, or any photographs containing material that might be objectionable, such as nudity, or obscene, lewd, excessively violent, harassing, or sexually explicit subject matter. Unfortunately, not everyone follows the rules, and other Members may post or communicate information, products or services that are inaccurate, inappropriate, offensive or sexually explicit. If you become aware of misuse of the GotYour Services by any person, please contact us at this link admin@GotYourSpace.com.
GotYourSpace.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, to limit or eliminate your ability to send e-mails or instant messages, or to restrict, suspend, or terminate your access to all or any part of the GotYour Services at any time, for any or no reason, with or without prior notice, and without any liability. You hereby consent to such removal of content, limitation or termination of you ability to send e-mails and/or instant messages, and termination and/or restriction of your membership, and waive any claim against GotYourSpace.com and its Affiliates arising out of such removal of content, limitation or removal of e-mails and/or instant messages, and/or membership termination or limitation.
2. Registration Information and Privacy. By registering with GotYourSpace.com, you represent that all information provided in the registration process is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You also grant us the right to disclose to third parties certain information disclosed to GotYourSpace.com in the registration process as provided in GotYourSpace.com’s privacy policy, as may be amended from time to time (the GotYour Privacy Policy). All information we obtain through your registration with GotYourSpace.com and your use of the GotYour Services is subject to the GotYour Privacy Policy, which is specifically incorporated by reference into this Agreement.
3. Security. When you register with GotYourSpace.com, you will select or be assigned a password. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. GotYour personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
4. International Use. Although the GotYour Services may be accessible worldwide, we make no representation that GotYour Services are appropriate or available for use in locations outside the United States or the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Users who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Use of and Membership in the GotYour Services is void where prohibited.
5. Age Restriction. Use of the GotYour Services is strictly limited to persons sixteen (16) years of age or older. If, at any time, we believe that you are under sixteen (16) years of age, we may immediately terminate your access to the GotYour Services without any liability to you.
6. Fees and Modification of Services. GotYourSpace.com reserves the right to charge for the GotYour Services and to change its fees from time to time in its sole discretion. If GotYourSpace.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of such fees. We reserve the sole right to either modify or discontinue the GotYour Services, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee‑based services, changes to limitations on allowable file sizes and the additional or elimination of services. Any new features or services shall also be subject to the terms of this Agreement.
7. Term & Termination. This Agreement shall remain in full force and effect while you use the GotYour Services or are a Member. You may terminate your Membership at any time, for any reason, by clicking here. GotYourSpace.com may terminate your Membership at any time, without warning. Even after Membership terminates, this Agreement will remain in effect, and you shall remain liable for any unpaid fees.
8. Permitted Member Use of GotYour Services. GotYourSpace.com’s services are for the personal non-commercial use of its Members only. The GotYour Services may not be used for commercial uses, except those that are specifically endorsed or approved by GotYourSpace.com in writing. Illegal and/or unauthorized use of the GotYourSpace.com’s services, including collecting user information such as usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the GotYour Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member postings without notice and may result in termination of Membership privileges. Illegal or unauthorized use of the GotYour Services may result in appropriate legal action.
9. Content Posted by Users.
A. Content Posted by Users. Text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials posted to the GotYour Services are referred to as Content.
B. Warranties and Representations by Users. You warrant and represent that you are the owner of all Content which you post on the GotYour Services, or otherwise have secured all permission and consent necessary to lawfully post such Content on the GotYour Services, and grant the license in favor of GotYourSpace.com provided in Sub Section C. below. You further warrant and represent that the posting of your Content on or through the GotYour Services does not violate the copyright, patent, trade secret or other intellectual property rights of any other person or legal entity, and does not violate the privacy, publicity or contract rights of any person or entity. You agree to pay for all damages, royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the GotYour Services.
C. Ownership of Content and License Grant. You will retain ownership of all content that you post to the GotYour Services, and GotYour does not claim any rights of ownership in such Content. By posting any Content on or through the GotYour Services, you hereby grant to GotYourSpace.com a worldwide, royalty free, non-exclusive, perpetual license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the GotYour Services. This license includes the right for GotYourSpace.com to sublicense its rights, but does not include the right to sell your Content or distribute your content outside of the GotYour Services.
D. Content belonging to Other Users, GotYour and Third Parties. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, communicate, distribute, perform, display, or sell any Content appearing on or through the GotYour Services.
10. Content Owned by GotYourSpace.com.
A. Content included in the GotYour Services. The GotYour Services include without limitation text, files, images, photos, video, sounds, musical works, works of authorship, software, and other materials owned by GotYourSpace.com (the GotYour Materials). The GotYour Materials are protected by copyright, trademark, patent, trade secret and other laws, and GotYourSpace.com owns and retains all rights in the GotYour Materials and the GotYour Services.
B. License Grant. GotYourSpace.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the GotYourSpace.com Content solely for your personal use in connection with viewing the GotYour Website and using the GotYour Services. Notwithstanding the previous sentence, you are not granted any rights with respect to any software code, including, without limitation, the right to reproduce, copy, display, or modify such software code.
11. Content Rules.
A. In General. We care about the safety and security of our Users, and ask that you exercise care in choosing the information you post on the GotYour Website and otherwise provide to other Users. You may not post telephone numbers, street addresses, last names, or any photographs containing material that might be objectionable, such as nudity, or obscene, lewd, excessively violent, harassing, or sexually explicit subject matter. Unfortunately, not everyone follows the rules, and other Members may post or communicate information, products or services that are inaccurate, inappropriate, offensive or sexually explicit. If you become aware of misuse of the GotYour Services by any person, please contact us at this link misuse@GotYourSpace.com.
B. Removal of Content. GotYourSpace.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, for any or no reason, with or without prior notice, and without any liability. You hereby consent to such removal of content.
C. Monitoring of Content. GotYourSpace.com assumes no responsibility for monitoring the GotYour Services for inappropriate Content or conduct, but reserves the right to do so, at any time, in its sole discretion. Whether or not we choose to monitor Content or conduct, GotYourSpace.com assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting or receiving any such Content. We are not responsible for any failure or delay in removing Content.
D. User Responsibility for Content. You are solely responsible for all Content you choose to post on the GotYour Services, and the information and materials you choose to transfer or share with other Users. GotYourSpace.com does not make any warranty, express or implied, as to the Content or other materials sent to, or received from, other Users.
E. Links. The GotYour Website may contain links to other websites. GotYourSpace.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by GotYourSpace.com. When you access these third-party sites, you do so at your own risk. GotYourSpace.com takes no responsibility for third party advertisements, nor does it take any responsibility for the goods or services provided by its advertisers.
F. Prohibited Content. You agree that you will not post any Content or transfer any materials that:
(i) Are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(ii) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iii) contains nudity, violence, offensive subject matter, child pornography, or contains a link to an adult website;
(iv) Infringes or promotes the infringement of any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or provides links to infringing materials or materials designed to assist in infringement;
(v) Constitute unauthorized or unsolicited advertising, junk or bulk e‑mail (also known as "spamming"), chain letters, instant messaging, or any other form of unauthorized solicitation, or any form of lottery or gambling;
(vi) Solicit personal information from anyone under eighteen (18) years of age;
(vii) Provide or solicit any telephone numbers, street addresses, e-mail addresses or web addresses, passwords or other personal identifying information;
(viii) Contain or promote information which is false or misleading or information which furthers or promotes unlawful or criminal activity or provides instructional information about illegal activities, including, without limitation, obtaining or manufacturing illegal weapons, creating computer viruses, trojans and similar items, and invading the privacy rights of others;
(ix) Contain software viruses, trojans or any other computer code, files, or programs that disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or damage or obtain unauthorized access to any data or other information of any third party, or which otherwise interfere with, disrupt or create an undue burden on the GotYour Services or the hardware, software or equipment connected to the GotYour Services; or
(x) Automates use of the GotYour Services through scripts or otherwise;
(xi) Impersonates any person or entity, including any of GotYourSpace’s employees or representatives.
(xii) Involves commercial activities that have not received the prior written approval of GotYourSpace.com including, without limitation, sales of products or services, bartering, contests, advertising, and pyramid schemes;
(xiii) Includes the photograph of any person who has not consented to the use of their photograph.
See "Intellectual Property of Others" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
12. Disclaimers. THE GOTYOUR SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON‑INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GOTYOURSPACE.COM MAKES NO WARRANTY THAT (A) THE GOTYOUR SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE GOTYOUR SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOTYOUR SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM GOTYOURSPACE.COM, ITS AFFILIATES OR ANY THIRD PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. UNDER NO CIRCUMSTANCES SHALL GOTYOURSPACE.COM OR ANY OF THE COMPANIES WITHIN ITS GROUP BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE GOTYOUR SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE GOTYOUR SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE GOTYOUR SERVICES, WHETHER ONLINE OR OFFLINE. THE USE OF THE GOTYOUR SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THE GOTYOUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS (INCLUDING THE UNITED KINGDOM) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Damages. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE GOTYOUR SERVICES, THE CONTENT OR ANY WEB SITE REFERENCED OR LINKED TO FROM THE GOTYOUR WEBSITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD‑PARTY GOODS AND SERVICES OFFERED THROUGH THE GOTYOUR WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE GOTYOUR WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
YOUR EXCLUSIVE REMEDY AND GOTYOURSPACE.COM’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT AND YOUR USE OF THE GOTYOUR SERVICES LIMITED TO THE AMOUNT, IF ANY, YOU PAID GOTYOURSPACE.COM FOR THE GOTYOUR SERVICES DURING THE ONE‑MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnity. You agree to indemnify and hold GotYourSpace.com, its Affiliates, parents and subsidiaries, and their respective officers, agents, partners and employees, harmless from and against any loss, damages, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your use of the GotYour Services in violation of this Agreement; and/or (b) a breach of this Agreement; and/or (c); any breach of your representations and warranties set forth in this Agreement; and/or (d) any Content that you post on the GotYour Website or through the GotYour Services.
15. Export Controls. Software available in connection with the GotYour Services (the "Software") is subject to United States export controls, and may be subject to export or import regulations in other countries. No Software may be downloaded from the GotYour Services or otherwise exported or re-exported in violation of U.S. export laws. You shall be solely responsible for compliance with any applicable regulations relating to your use of the Software.
16. Intellectual Property of Others. We respect the intellectual property of others, and we ask you to do the same. If you, any User of this site, or any third party believes its copyright, trademark, or other property rights have been infringed by any Content posted on or through the GotYour Services, such person or entity should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed;
C. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
D. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
E. 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, agent, or the law; and
F. 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.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. The Membership of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Attorney Michael E. Banks
Haus, Roman and Banks, LLP
148 East Wilson St.
Suite 200
Madison, WI 53703
(608)257-0420
Copyright@GotYourSpace.com
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the GotYour Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act or the English Courts as appropriate.
17. Choice of Law and Forum. This Agreement shall be interpreted and construed in accordance with the laws of the State of Wisconsin, U.S.A., without application of its conflicts of law principles. For the purpose of any dispute arising under, or related in any way to, the subject matter of this Agreement, the you agree that such dispute shall be heard exclusively by the State and Federal courts situated in Madison, Wisconsin, and hereby submit to the exclusive jurisdiction of said courts and waive any objection to the jurisdiction and venue of such courts. You and GotYourSpace.com specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. Notwithstanding the above any dispute that shall arise out of any non U.S.A jurisdiction shall be governed by English Law and the English Courts shall be the courts of exclusive jurisdiction.
18. Company Information. The GotYour services are offered by Got Your Limited d/b/a GotYourSpace.com, a company formed under the laws of the United Kingdom with offices located at 11A Cambridge Park, Wanstead, London, United Kingdom. If you notice that any user is violating this Agreement, please contact us at admin@GotYourSpace.com, Subject: Violations.
19. Copies of this Agreement. You may receive a copy of this Agreement and the GotYour Privacy Policy by emailing us at: Terms@GotYourSpace.com, Subject: Terms of Use Agreement.
20. Miscellaneous. This Agreement and the GotYour Privacy Policy constitutes the entire agreement between you and GotYourSpace.com relating to the GotYour Services. You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under this Agreement. In addition to all other defenses under this Agreement and by law, we shall be excused from any liability arising from any event beyond our reasonable control, whether or not foreseeable, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by GotYourSpace.com to enforce or exercise any provision of this Agreement shall not constitute a waiver of that right or provision. GotYourSpace.com is an unregistered trademark of J and H Prosoft Solutions Limited.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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