Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by GaggleAMP, acceptance is expressly limited to these terms. The Gaggle Manager component of the Website is available only to individuals who are at least 18 years old.
This Agreement applies to all users of, and visitors , the Website, including without limitation users who are organizations (including corporations, LLCs, partnerships, sole proprietorships, non-profits, enterprises, or otherwise) that purchase GaggleAMP’s services and establish a Gaggle through the Website (“Gaggle Operator”), the individual(s) that the Gaggle Operator selects to manage their Gaggle (“Gaggle Manager”), and any third party that participates in the Gaggle, which may include the Gaggle Manager, Gaggle Operator employees, contractors, customers, brand ambassadors, third-parties, or otherwise (“Gaggle Members”).
GaggleAMP is an online platform that allows Gaggle Operators to amplify their social media engagement by making sharing and posting of content easier, utilizing our online platform tools, and providing the Gaggle Operator with superior analytics and metrics. Through the Gaggle Operator’s Gaggle, the Gaggle Member is provided with ease of access to and ability to share and engage with the Gaggle Operator’s content.
You agree that GaggleAMP is a platform only, that GaggleAMP is not monitoring or controlling the Content that is shared between Gaggle Operators and/or Gaggle Members and therefore GaggleAMP IS not responsible or liable for any Content including, but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, and links posted by you or other users on GaggleAMP. GaggleAMP does not guarantee continuous, uninterrupted access to the Website, and operation of the Website may be interfered with by numerous factors outside GaggleAMP’s control. You use the GaggleAMP service at your own risk. Furthermore, GaggleAMP cannot guarantee the true identity, age, and/or nationality of a user.
SECTION I.: TERMS FOR GAGGLE OPERATORS AND GAGGLE MANAGERS
- Master Services Agreement. In the event that a Gaggle Operator has entered into a Master Services Agreement (“MSA”) with GaggleAMP, which governs the services being provided to the Gaggle Operator by GaggleAMP through the Website, such MSA shall supersede this Section I. Terms for Gaggle Operators and Gaggle Managers. The MSA shall not supersede Section II. Terms for Gaggle Members, and all users of the Website shall continue to be bound by the terms thereof.
- Your Gaggle. Gaggle Operators are responsible for maintaining the security of their account, Gaggle, and all content posted to, shared, or transmitted through the Website. The Gaggle Operator is fully responsible for all activities that occur under or through their account, including, but not limited to, the actions of the Gaggle Manager(s) and Gaggle Members(s) and any other actions taken in connection with their Gaggle. Gaggle Operators must immediately notify GaggleAMP of any unauthorized uses of their Gaggle, account, or any other breaches of security related to their use of the GaggleAMP services. GaggleAMP will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Any Content you generate and all trademarks, service marks, graphics, and logos provided by you, shall remain your property. You hereby provide GaggleAMP with a license to use your name, logo, and website, for GaggleAMP’s promotional purposes (e.g., in GaggleAMP’s portfolio, on the Website(s) or otherwise).
- Responsibility of Gaggle Operators. If you operate a Gaggle, the Gaggle Manager shall be able to share content, including, but not limited to data, text, information, reviews, posts, usernames, graphics, images, photographs, profiles, audio, video, links, software, Gaggle Member Content, and/or video, via your Gaggle and create, incentives, contests of sweepstakes that are communicated via the Gaggle (any such incentive, "Rewards"), or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"). You are entirely responsible for the content of, legal requirements and/or costs associated with, and any harm resulting from, that Content and/or Rewards.
By making Content available, you represent and warrant that:
a. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
b.The Gaggle Operator has the right to share such Content via the Gaggle and the Gaggle Manager has received permission from the Gaggle Operator to share such Content via the Gaggle.
c. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully communicate to end users any required terms or limitations of such licenses;
d. the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
e. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
f. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, does not constitute harassment or illegal activity, and does not violate the privacy or publicity rights of any third party;
g. your Gaggle is not named in a manner that misleads your Gaggle Members into thinking that you are another person or company. For example, your Gaggle's name is not the name of a person other than yourself or a company/organization other than your own or one that you have explicit permission from the named organization to utilize their name for your Gaggle.
h. Any Content posted, uploaded, shared, or used by you through your Gaggle becomes available to all Gaggle Members and may become publicly available on the internet and through third-party websites.4. Payment, Renewal and Support.