Terms of Service
Groupanizer, Inc. Terms of Service
Effective Date: January 1, 2009
1. ACCEPTANCE OF TERMS
Welcome to Groupanizer Terms and Conditions. By by continuing to use Groupanizer product and services including Choir Genius you agree to the following Terms of Service ("TOS"), which we may update or revise from time to time. The most current version of this TOS is posted at:http://www.groupanizer.com/termsofservice. Some Groupanizer services feature posted guidelines or rules applicable to those services, which are hereby incorporated by reference into this TOS.
2. DESCRIPTION OF SERVICE
Groupanizer services are provided as information to subscribers on in the form of web pages, emails and other similar mechanisms. The Service is operated by Groupanizer Technology Services, registered in British Columbia, Canada.
Groupanizer is based partly on the open source content management system Drupal. The open source license grants us the right to use Drupal as a part of the infrastructure that support the Groupanizer service. From the Drupal web site: “Drupal is a free software package that allows anyone to easily publish, manage and organize a wide variety of content on a website.“
Groupanizer web sites are generally hosted in the same country as that in which the customer resides. Our primary facility is in Salt Lake City, Utah. We reserve the right to change this situation at any time.
Customer data is stored very safely, within a highly redundant data storage architecture that greatly reduces the risk of data loss. In addition, snapshot backups are generally taken daily, weekly and monthly.
Unless explicitly stated otherwise, this TOS will apply to any new features of or enhancements to the current Service. The Service is provided "AS-IS" and "AS-AVAILABLE" for your use, and we are not responsible for the timeliness, deletion, or mis-delivery of any part of the Service.
3. YOUR REGISTRATION OBLIGATIONS
If you register with us as the primary group contact, you agree to provide true, accurate, current and complete information about yourself. We have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if we reasonably suspect that you have provided untrue, inaccurate, not current or incomplete information.
4. CONTRACTING PARTIES AND ADMINISTRATIVE RIGHTS
This contract is between Groupanizer and the Group named in the Free Trial Request. Groupanizer will generally conduct business with that Group through the person filling out said Free Trial Request form ("Primary Contact"). The Primary Contact shall be granted administrative rights in the system, for the purpose of configuring and maintaining the system. The Group may nominate a different Primary Contact at their discretion, who will then be granted administrative rights.
On behalf of your group and all its members, you agree not to:
A. upload, post, email, transmit or otherwise make available on the Service and or blogs directly operated by the Service any topic, name, material, or information that is unlawful, harmful, threatening, abusive, harassing, tortious, profane, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
B. interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
C. upload, post or otherwise make available on Groupanizer, Inc. any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders, service providers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Groupanizer, your connection to the Service, your violation of this TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
Except with our prior expressed written permission, your use of the Service and access to Groupanizer is solely limited to your personal and non-commercial use for viewing the Service, on a single machine using a conventional web browser without the aid of automatic electronic processes, "robots," "spiders," "scrapers," "webcrawlers," or other automatic devices or computer programs or processes that monitor, copy, or download web pages, data or other content. Groupanizer contains robot exclusion headers. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of Groupanizer or any activities conducted on Groupanizer. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Groupanizer's infrastructure. Portions of the content contained within the Service are updated on a real time basis and are proprietary or licensed to us by third parties. You agree not to reproduce, duplicate, copy, modify, create derivative works, publicly display, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without our prior expressed written consent.
9. MODIFICATION AND TERMINATION OF SERVICE
We reserve the right, in our sole discretion, to terminate your subscription or access to or use of the Service, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this TOS, and you agree that we may do so without prior notice. You also agree that we will not be liable to you or to any third party for any modification or termination of the Service. In the event of termination of service, your data remains your property and it will be returned to you in a standardized format.
10. BILLING AND CANCELLATION
If you subscribe to Groupanizer or open an account with us, you hereby agree to pay all charges to your account, in accordance with billing terms in effect at the time the fee components of product-based services may apply. We reserve the right to change the amount of, or basis for determining, any fees or charges for subscription-based services provided by Groupanizer and to institute new fees, charges, or terms effective after providing prior notice to users with subscription-based accounts ("Customers"). You will be notified 30 days in advance of such changes in Service.
Unless otherwise specifically stated, if you are a Customer, we agree that we will terminate your account if you provide us with a notice of cancellation for any reason.
Unless otherwise stated, Groupanizer, it's affiliates, dealers, resellers and distributors do not refund any moneys paid for service.
When you subscribe to a Groupanizer subscription-based service with a credit card: (a) you agree to provide Groupanizer with a valid credit card and accurate, complete and updated information required by the subscription registration form; (b) you authorize Groupanizer to automatically bill subscription fees based on the subscription you purchase (i.e., monthly subscriptions will be charged once per month); and (c) you represent and warrant that your use of your credit card is authorized and that all information that you submit is true and accurate (including, without limitation, credit card number and expiration date). In registering, you also authorize us to charge to your designated card all amounts payable by you to us based on the subscription plan you selected (including all renewals thereof), including, but not limited to, all fees and any applicable taxes we are required to collect. All fees are due at the end of the trial period if applicable. Our cancellation policy and instructions are below. Failure to comply with above may result in the immediate suspension or termination of services.
PLEASE NOTE: Unless otherwise specifically stated, the renewal charge shall be equal to the original price of the subscription-based service for an equal period of time (i.e. per month), unless we notify you in advance by 30 days. Your right to use the subscription-based services is subject to any limits established by us or the credit card issuer.
Unable-to-be-processed Payments: If we are unable to process your credit card at any time, your services may be suspended and/or terminated and you will remain responsible for all amounts payable by you to us. Your credit card issuer agreement governs use of your credit card in connection with this website and you must refer to that agreement with respect to your rights and liabilities as a cardholder.
We do not give full or partial refunds for subscriptions that you have purchased regardless of the basis for the refund.
Because of the administrative difficulty, upon cancellation, any customer wishing to restart Groupanizer will not be allowed to startup where they left off. Expired credit cards are immediately subject to cancellation.
You also are responsible for any fees or charges incurred to access the service through an Internet access provider or other third party service. YOU, AND NOT Groupanizer, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, EVEN IF NOT AUTHORIZED BY YOU.
Your Right To Cancel Subscription Services
All subscriptions to a Groupanizer subscription-based service start the day you submit your registration for such service (and such day is included in the calculation of the cancellation periods); or for renewal subscriptions, at 12:01 a.m. Pacific Standard Time the day following the last day of the then-current term of your subscription or any renewal subscription (the "Start Date"). You may cancel your Groupanizer subscription service at any time by following the instructions posted within the appropriate page within that particular subscription-based service's domain. Your cancellation will be effective one (1) business day after you notify Groupanizer of your request to cancel your subscription (the "Cancellation Date").
Monthly Subscriptions: If you have paid for a monthly subscription for Groupanizer subscription-based service, you will not receive a refund for the monthly subscription term in which you cancel, although you will continue to receive access to the Service through the end of such term. You will not be billed for additional subscription fees after the Cancellation Date. Annual Subscriptions: If you have paid for an annual subscription for Groupanizer subscription-based service, you will not receive a refund for the annual subscription term in which you cancel and you will continue to receive access to the service through the end of such term. You will not be billed for additional annual subscription fees after the Cancellation Date.
We may terminate any or all of our subscription-based services at our convenience, but in the event of such termination for convenience, we will refund a pro-rata amount of pre-paid fees to Customers of such terminated subscription-based services. Any pro-rata refunds made will be the only remedy made to Customers of a terminated subscription-based service.
11. DEALINGS WITH ADVERTISERS AND MERCHANTS
If you engage in business dealings with advertisers or merchants found on or through the Service, whether by participating in promotions, purchasing products or services, or other dealings, you and such advertisers and merchants are solely responsible for compliance with any terms, conditions, warranties, representations, or liabilities associated with such dealings. Groupanizer shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or because Groupanizer allowed such advertisers to be present on the Service.
The Service may contain links to other third party Web sites or resources. We have no control over such sites and resources, and you acknowledge and agree that we bear no responsibility for the availability of such external sites or resources, do not endorse, and bear no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and we also bear no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party Web site or resource.
13. GROUPANIZER PROPRIETARY RIGHTS
You acknowledge and agree that we, and/or our suppliers, own the Service and any necessary software used in connection with the Service ("Software") and that the Service and the Software are protected under applicable intellectual property and other laws. Unless we or our advertisers provides express authorization, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the whole or any part of the Service, the Software, or content on the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
B. WE MAKE NO CLAIM THAT THE SERVICE WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SERVICE MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WE MAKE NO CLAIM THAT IT WILL CORRECT ERRORS IN THE SOFTWARE.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH Groupanizer, Inc. OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE AND/OR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRAND OR OTHER PARTNERS, SERVICE PROVIDERS, EMPLOYEES AND/OR OUR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE SERVICE; (ii) THE COST TO OBTAIN SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU AND ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
The Groupanizer Service may provide notices to you via either email or regular mail, and the Service may provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Service.
17. TRADEMARK INFORMATION
Groupanizer Logos and designs, Groupanizer, Inc. logos and designs are trademarks of Groupanizer. You agree not to display or use the Groupanizer or Groupanizer Logo in any manner.
18. COPYRIGHTS and COPYRIGHT AGENTS
The following information is provided below so that you may notify Groupanizer if you believe that your work has been copied on the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated. You must provide written notification to Groupanizer or Designated Agent for claims of copyright or other intellectual property infringement, who can be reached as follows:
By mail: Tom Metzger, 1400 - 1055 W. Hastings St., Vancouver, BC V6E 2E9
By email: [email protected]
Such written notification must include the following to be effective:
A. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest that has been allegedly infringed;
B. a description of the copyrighted work or works or intellectual property interest that has been allegedly infringed;
C. a description of the location or locations of the allegedly infringing material on the site;
D. the contact information of the person authorized to act on behalf of the owner of the copyright or intellectual property interest, including address, telephone number, and email address;
E. a statement that the owner of the copyright or intellectual property interest believes in good faith that the use in dispute is not authorized by the copyright or intellectual property owner, its agent, or the law; and
F. a statement, made under penalty of perjury, that the notice information is accurate and that the statement is made by the owner of the copyright or intellectual property interest or a person authorized to act on the behalf of the owner of the copyright or intellectual property interest.
19. GENERAL INFORMATION
You expressly understand and agree that:
A. this TOS constitutes the entire agreement between you and us, superseding any prior agreements between you and us. You may be subject to additional terms and conditions when you use affiliate services, third-party content or third-party software, or other parts of the Service including subscription components;
B. this TOS and the relationship between you and us shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia.
C. the failure of us to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision;
D. in the event a court of competent jurisdiction finds that any provision of this TOS is invalid, the court should give effect to the parties' intentions as reflected in the provision, and all other provisions of this TOS shall remain in full force and effect;
E. you will file any claim or cause of action arising out of or related to use of the Service or this TOS within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred; and
F. the section titles in this TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to: [email protected]