Last Updated: October 12, 2014
- LICENSE TO USE THE SERVICES
Subject to these Terms, Getsuccessful grants to you a limited, personal, non-exclusive, revocable at any time without notice, non-transferable, non-sublicensable license to use the Services, for your personal use and not for resale or further distribution. Your right to use the Services is limited by all terms and conditions set forth in these Terms. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of the Services; (ii) rent, lease or sublicense access to any of the Services; or (iii) circumvent or disable any security or technological features or measures of the Services or the Website.
- INTELLECTUAL PROPERTY RIGHTS – START-UP POSTING
Getsuccessful provides you with the ability upload your content relating to your own start-up company or start-up project to the Website (“Start-Up Posting”). Getsuccessful will not have any ownership rights in your content, however, Getsuccessful needs the following license to perform Start-Up Posting. You hereby grant to Getsuccessful the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, modify (which includes editing, translating and reformatting), reproduce, create derivative works, distribute and otherwise perform Start-up Posting and User Submissions (defined below) on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit (“Host”) the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text (“Artworks”) in connection with the Start-up Posting); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of Start-Up Posting. You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to Start-up Posting or Getsuccessful’s Hosting of the content as contemplated by these Terms. To enable Getsuccessful to Host your content pursuant to the above provisions, you hereby grant to Getsuccessful the worldwide, non-exclusive, perpetual, royalty-free, sub licensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with Start-Up Posting.
- USER SUBMISSIONS
- ACCESS TO THE SERVICES
Getsuccessful does not provide you with the equipment to access the Website or the Services. Users are responsible for all fees charged by third parties related to your access and use of the Services (e.g., charges by Internet service providers). Getsuccessful reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website, including without limitations Website Postings, without notice. Getsuccessful will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of the Website or the Services. Getsuccessful also reserves the right, in its sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to the Services at any time, for any or no reason, with or without prior notice, and without liability.
Users must comply with all applicable laws when using the Services. Except as may be expressly permitted by applicable law, or as Getsuccessful may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on the Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use the Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to the Services to another person; (iv) use any Services or Service Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of the Services; (vi) use the Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services or any Service Content. You will not (and will not authorize, allow or assist any third party to): (i) sell, assign, grant a security interest in, use for the benefit of any third party, or otherwise transfer any right in or to the Services or other software or technology provided or used in connection with the Services (collectively, “Getsuccessful IP”), (ii) incorporate any Getsuccessful IP (or any portion thereof) into another product, (iii) translate, reverse-engineer or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code or underlying ideas or algorithms of any Getsuccessful IP, or (iv) modify any Getsuccessful IP or use any of the foregoing in any way not expressly authorized by Agreement. Further, you shall not use, export or re-export the Services or any Getsuccessful IP in violation of any applicable laws or regulations.
- RESTRICTED AREAS OF THE SERVICESCertain parts of the Services, including account management features, may be password-restricted to registered Users or other authorized persons (“Password-Protected Areas”). If a User is authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Getsuccessful if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Getsuccessful of any unauthorized use of your account or any other breach of security in relation to your password or the Services that is known to you.
- LINKS AND THIRD PARTY CONTENT
- USE POLICIES
You are solely responsible for any User Submissions. You agree that Getsuccessful shall have to liability or responsibility for anything relating to or arising from User Submissions. You will not use the Services to: (i) upload, post, email, or otherwise transmit any User Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any User Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any User Submissions that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other Users.
“Getsuccessful,” the Getsuccessful logo, and any other product or service name or slogan displayed on trademarks of Getsuccessful, Inc and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Getsuccessful or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Getsuccessful” or any other name, trademark or product or service name of Getsuccessful without its prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Getsuccessful and may not be copied, imitated or used, in whole or in part, without its prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Getsuccessful.
Getsuccessful may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about the Services (“Feedback”). You agree that Getsuccessful may, in its sole discretion, use the Feedback you provide to Startsuptowatch in any way, including in future enhancements and modifications to the Services. You hereby grant to Getsuccessful and its assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Part Two: Additional Legal Terms
- DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES, SERVICE CONTENT AND THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GETSUCCESSFUL AND ITS SUPPLIERS AND LICENSORS 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, TITLE, AND NON-INFRINGEMENT. GETSUCCESSFUL DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH GETSUCCESSFUL’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
- LIMITATION OF LIABILITY
GETSUCCESSFUL AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GETSUCCESSFUL HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF ITS SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF GETSUCCESSFUL AND ITS SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO GETSUCCESSFUL FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold Getsuccessful, its suppliers and licensors, respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, including without limitation, attorneys’ fees and other costs of defense, and any other liability caused by your use of the Services and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.
- LEGAL NOTICES
Enforcement of these Terms will be governed by the laws of the State of Rhode Island, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in Providence County, within the State of Rhode Island, and you irrevocably agree to submit to the jurisdiction of such courts. Getsuccessful’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
- What Information Does Getsuccessful Collect?
When you visit the Website you may provide Getsuccessful with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Website use information collected on an aggregate basis as you and others browse the site. Personal Information You Choose to Provide:
You will provide us information about yourself, your company, and your business when you purchase Getsuccessful’s products and services, or register for email newsletters and alerts.
Email addresses are used for the purposes of inviting new contacts to join Getsuccessful’s online services, to add Users to members’ service, and to send notifications related to such service. In addition, if you choose to correspond with us through email, Getsuccessful may retain the content of your email messages together with your email address and our responses.
Website Use Information
Similar to other commercial websites, the Website utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Getsuccessful server logs to collect information about how the Website is used. Information gathered through cookies and Getsuccessful server logs may include the date and time of visits, the pages of the Website visited, time spent at the Website, and the other sites visited just before and just after the Website. Getsuccessful may also log non-personally-identifiable information including IP address, profile information, aggregate User data, and browser type, from Users and visitors to the site. This data is used to manage the Website, track usage and improve Services. This non-personally-identifiable information may be shared with third parties to provide more relevant services to members. User IP addresses are recorded for security and monitoring purposes.
- 2. How Does Getsuccessful Use the Information That You Provide to Us. Broadly speaking, Getsuccessful uses personal information for purposes of administering and expanding its business activities, providing customer service and making available other products and services to its customers and prospective customers. Occasionally, Getsuccessful may also use the information Getsuccessful collects to notify you about important changes to the Website, new services and special offers Getsuccessful think you will find valuable. You may notify Getsuccessful of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.
How Does Getsuccessful Use Information Getsuccessful Collects from Cookies?
Sharing Information with Third Parties
The information Getsuccessful collects is used to improve the content of the Website and the quality of the Services, and is not shared with or sold to other organizations for commercial purposes. That being said, your information could be shared under the following situations: (a) Getsuccessful uses third parties to facilitate its business, including, but not limited to, sending email and processing payments. In connection with these offerings and business operations, these third parties may have access to your personal information for use in connection with those business activities; (b) as Getsuccessful develops its business, Getsuccessful may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions; (c) Getsuccessful may also transfer such information in the course of corporate divestitures, mergers, or any dissolution; and (d) If it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms, or as otherwise required by law.
Notice of New Services and Changes
Occasionally, Getsuccessful may also use the information Getsuccessful collects to notify you about important changes to the Website, new services, and special offers Getsuccessful thinks you will find valuable. As Getsuccessful’s customer, you will be given the opportunity to notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.
Disclosure of Information that Getsuccessful Collects
What About Other Sites Linked to This Website?