- 1. Accepting These Terms
- 2. Group Set Go’s Services And Role
- 3. Privacy And Consumer Information
- 4. Term; Termination
- 5. Export Controls And Restricted Countries
- 6. Release And Indemnification
- 7. Disclaimer Of Warranties And Assumption Of Risks By You
- 8. Limitation Of Liability
- 9. Important: Binding Arbitration and Class Action Waiver Provisions
- 10. License To The Group Set Go Services
- 11. Licenses And Permits Organizers Must Obtain
- 12. Your Rights To Submit A Copyright Takedown Notice
- 13. Scraping Or Commercial Use Of Site Content Is Prohibited
- 14. Fees And Refunds
- 15. Your Account With Group Set Go
- 16. Our Community Guidelines
- 17. Your Content
- 18. Rules For Use Of Chat Tools
- 19. Ratings And Reviews
- 20. Notices
- 21. Modifications To The Terms Or Services
- 22. Assignment
- 23. Entire Agreement
- 24. Applicable Law And Jurisdiction
- 26. Third Party Websites; Linked Accounts
- 27. Additional Miscellaneous Provisions
Last Updated: November 16, 2018
Welcome to Group Set Go! We’re very excited to have you here. We know as event creators and participants you want your experiences to run safely and smoothly. We want the same thing for our platform.
Please read these Terms of Service (or Terms, as further described in Section 1.4) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using Group Set Go’s Services, you agree to comply with and be bound by these Terms, as applicable to you.
1. Accepting These Terms
1.1 What’s What
What’s What. Group Set Go’s products, features and offerings are currently available through mobile applications, webpages and are collectively referred to as ‘Group Set Go Properties’ or our ‘Services’. These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted; those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by Group Set Go in connection with the Services is the ‘Site Content’ (or ‘Content’). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is ‘Your Content.’
1.2 Who’s Who.
When these Terms use the term ‘Organizer,” we mean event creators/hosts using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Events (‘Consumers’), or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as ‘Users,’ ‘you’ or ‘your.’
When these Terms use the term ‘Group Set Go,’ ‘we,’ ‘us,’ or ‘our,’ that refers to Group Set Go, Inc. and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees. If you are a User located in any jurisdiction, you are contracting with Group Set Go, Inc., a Delaware corporation, with its principal place of business at PO Box 7775 #91419, San Francisco, CA 94120, US (‘Group Set Go’).
What the ‘Terms of Service’ Means. These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise Group Set Go’s ‘Terms.’ These Terms are a legally binding agreement between you and Group Set Go governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, ‘you’ and ‘your’ will refer to that entity as well as yourself.
2. Group Set Go’s Services And Role
What We Do. Group Set Go’s Services provide a social marketplace where Organizers can create events and promote those events to visitors or browsers on the Services or elsewhere online. Registered users can join such events and also communicate or collaborate regarding Events.
How We Fit In. Group Set Go is not the creator, organizer or owner of the events listed on the Services. Rather, Group Set Go provides its Services, which allow Organizers to manage and promote their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. The Organizer of a paid event identifies the “Leave by Date” for the event which acts as the cancellation policy. Consumers must use leave the event on or before this “Leave by Date” if they do not intend to get charged for this event. Group Set Go currently partners with “Stripe” as the payment processor and hence we transmit the Consumer’s payment details to them.
3. Privacy And Consumer Information
If you are an Organizer, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.
4. Term; Termination
These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Group Set Go decides it’s best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and Group Set Go.
Group Set Go may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Group Set Go; © Your failure to be polite and courteous to other Registered Users; or (d) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Group Set Go to legal liability. Group Set Go may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Group Set Go’s sole discretion, failure to do so would materially prejudice you. You agree that Group Set Go will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
Except to the extent you have agreed otherwise in a separate written agreement between you and Group Set Go, you may terminate your access to the Services and the general applicability of Terms by requesting for your Group Set Go Account to be deleted. Upon such request, all Personal Information and Verification Information will be deleted, except for your name and email. Group Set Go may retain any other Information, including but not limited to payment history, chat history and communications, reviews, and event participation history. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Group Set Go governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
In addition, Group Set Go may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights; (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Group Set Go Account registration or thereafter; or (iv) Group Set Go believes in good faith that such action is reasonably necessary to protect the personal safety or property of Group Set Go, its Registered Users, or third parties, or to prevent fraud or other illegal activity:
Refuse to surface, delete, or delay any Registered User Content; Limit your access to or use of the Group Set Go App; Temporarily or permanently revoke any special status associated with your Group Set Go Account; or Temporarily or permanently suspend your Group Set Go Account.
When these Terms and your use of or access to the Group Set Go Services have been terminated, you are not entitled to a restoration of your Group Set Go Account or any of your Registered User Content. If your access to or use of the Group Set Go App has been limited or your Group Set Go Account has been suspended or terminated by us, you may not register a new Group Set Go Account or access and use the Group Set Go App through a Group Set Go Account of another Registered User.
5. Export Controls And Restricted Countries
As a global company based in the US with operations in other countries, Group Set Go complies with certain export controls and economic sanctions laws. All Users, regardless of your or the event’s location should familiarize yourself with these restrictions. In accepting these Terms you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services, including without limitation, Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State’s Terrorist Exclusion List; the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (ii) that is subject to sanctions in any other country; or (iii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
6. Release And Indemnification
This is where you agree to cover Group Set Go if you use the Service in a way at causes Group Set Go to be the subject of a legal matter, or to face other claims or expenses.
Release. You hereby agree to release Group Set Go from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: (A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.)
Indemnification. You agree to defend, indemnify and hold Group Set Go and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a ‘Claim’) relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; © your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; and (d) if you are an Organizer, your events (including where Group Set Go has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Group Set Go’s gross negligence or willful misconduct. Group Set Go will provide notice to you of any such Claim, provided that the failure or delay by Group Set Go in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Group Set Go may choose to handle the Claim ourselves, in which case you agree to cooperate with Group Set Go in any way we request.
7. Disclaimer Of Warranties And Assumption Of Risks By You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Services are provided on an ‘as is’ and ‘as available’ basis. Group Set Go expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Group Set Go makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or © the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Group Set Go has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer’s personal information provided to Group Set Go in their profile) or the ability of any User to perform or actually complete a transaction. Group Set Go has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties Group Set Go requires to provide the Services or an Organizer chooses to assist with an event.
The Group Set Go App connects Registered Users and allows them to initially connect and transact. Group Set Go is not itself a provider of any services outside the scope of the Group Set Go App and is not affiliated with any Registered User or third party that is recommended, rated, reviewed, or otherwise mentioned or suggested by Registered Users. Group Set Go also does not screen any messages or communications to ensure they meet the qualifications required by the Registered User seeking advice or recommendations. OUTSIDE OF THE GROUP SET GO APP, GROUP SET GO IS NO LONGER INVOLVED IN THE RELATIONSHIP BETWEEN ANY PARTIES. IT IS YOUR RESPONSIBILITY TO EXERCISE DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO COMMUNICATE AND INTERACT WITH OTHER REGISTERED USERS, WHETHER ONLINE OR IN PERSON, and in attending any events. GROUP SET GO DOES NOT GUARANTEE, NOR ARE WE LIABLE FOR, THE OUTCOME OF ANY EVENT, MESSAGE, CHAT, OR SUGGESTION PROVIDED TO YOU THROUGH THE GROUP SET GO APP. Group Set Go is also not responsible or liable in any way, shape, or form for what occurs, or does not occur at ANY EVENTS OR ACTIVITIES CREATED ON OR THROUGH THE GROUP SET GO APP.
You acknowledge that Group Set Go has no obligation to monitor the access to or use of the Group Set Go App by any Registered User or to review, disable access to, or edit any Registered User Content, but has the right to do so to: (i) operate, secure and improve the Group Set Go App (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Registered Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Registered User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Registered Users agree to cooperate with and assist Group Set Go in good faith, and to provide Group Set Go with such information and take such actions as may be reasonably requested by Group Set Go with respect to any investigation undertaken by Group Set Go or a representative of Group Set Go regarding the use or abuse of the Group Set Go App.
If you feel that any Registered User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who: (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Group Set Go by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
Due to the nature of the Internet, Group Set Go cannot guarantee the continuous and uninterrupted availability and accessibility of the Group Set Go App. Group Set Go may restrict the availability of the Group Set Go App or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Group Set Go App. Group Set Go may improve, enhance and modify the Group Set Go App and introduce new services from time to time.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
8. Limitation Of Liability
To the extent permitted by applicable laws, or as otherwise set forth herein, Group Set Go and any person or entity associated with Group Set Go’s provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) (Associated Parties), will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Group Set Go has been advised of the possibility of such damages); or (b) Your Content.
Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
9. Important: Binding Arbitration and Class Action Waiver Provisions
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
a) Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 9 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 9(h) below.
c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
e) No Class Actions.
YOU AND GROUP SET GO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (‘Notice’). The Notice to Group Set Go must be addressed to the following address (‘Notice Address’) and must be sent by certified mail: Group Set Go, Inc., Attn: Legal Department, PO Box 7775 #91419, San Francisco, CA 94120, USA. Notice to you will be addressed to a mailing, home or payment address currently on record with Group Set Go and must be sent by certified mail. If Group Set Go has no records of such physical address, such notice may be delivered to your Group Set Go account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Group Set Go and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Group Set Go may commence an arbitration proceeding.
g) Arbitration Proceedings.
The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the ‘AAA Rules’) of the American Arbitration Association (‘AAA’), as modified by this Section 9, and will be administered by the AAA and settled by a single arbitrator. (The AAA Rules are also available by calling the AAA at 1-800-778-7879.) All issues in dispute between the parties are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 9.
h) Location of Arbitration Proceedings.
Location of Arbitration Proceedings. If you are a Consumer, any arbitration hearings will take place (at your option) either in the county of your residence or by phone, except that is you are a Consumer whose residence is outside of the United States, the hearing will take place either in Houston, Texas or by phone or videoconference, at your option and as permitted by the AAA Rules. If you are a business (i.e., your use of the Services were for commercial use), then unless Group Set Go and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA will determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
i) Costs of Arbitration; Legal Fees.
i. Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Group Set Go and the value of the relief sought is ten thousand dollars ($10,000) or less, then Group Set Go will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). Further, if the circumstances in the preceding sentence apply and your claim arises from your use of the Services as a Consumer, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then Group Set Go will pay the amount of any such costs and expenses. In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Group Set Go for all such cost and expenses that Group Set Go paid and that you would have been obligated to pay under the AAA rules.
ii. Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator will award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
(j) Future Changes.
Notwithstanding any provision in these Terms to the contrary, you and Group Set Go agree that if Group Set Go makes any future change to this arbitration provision (other than a change to the Notice Address) Group Set Go will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
(k) Special Severability.
In the event that any provisions of this Section 9 are found to be invalid or unenforceable for any dispute or claim, then, the entirety of this Section 9 will be null and void with respect to such dispute or claim and Section 24 will apply in lieu of this Section 9.
10. License To The Group Set Go Services
Restrictions on Your License. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; © rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Group Set Go may own the Site Content or portions of the Site Content may be made available to Group Set Go through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Group Set Go and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
Trademarks. The trademarks, service marks and logos of Group Set Go (the ‘Group Set Go Trademarks’) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Group Set Go. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the ‘Third Party Trademarks,’ and, collectively with Group Set Go Trademarks, the ‘Trademarks’). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Group Set Go specific for each such use. The Trademarks may not be used to disparage Group Set Go, any third party or Group Set Go’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Group Set Go approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Group Set Go Trademark will inure to Group Set Go’s benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by Group Set Go and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
11. Licenses And Permits Organizers Must Obtain
If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
(a) You, prior to the start of creating an event, all applicable licenses, permits, and authorizations (individually and collectively, ‘Licensure’) with respect to events hosted by you on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
(b) You will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only create an event on Group Set Go after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority’s authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization;
(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to Group Set Go permitting you to access and use the Services, you hereby agree to release Group Set Go, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys’ fees, known and unknown, arising out of or in any way connected with your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Group Set Go, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any Claim due to or arising out of your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
12. Your Rights To Submit A Copyright Takedown Notice
If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) by following the directions we provided in Group Set Go’s Trademark and Copyright Policy.
13. Scraping Or Commercial Use Of Site Content Is Prohibited
The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).
14. Fees And Refunds.
Event Costs. Creating an account, listing an event and accessing the Services are free. However, Users will be charged based on the events they join, some of which require payment to attend.
Each paid event will have a “Leave by Date”, and if you join the event before this date, you are not immediately charged and hence are free to leave the event with no charges until this cancellation period. if the stated cancellation period of the event has ended, you will be CHArGED THE STATED AMOUNT AND WILL not receive any refund.
On other hand, if you join an event after its “Leave by Date” then you agree to be charged immediately the stated amount for the event and will not be eligible for any refund.
Credit Card Fees. Group Set Go currently offers only credit cards as payment methods. You will be charged pre-disclosed % of the base amount (= per person cost multiplied with number of people in your group) as the credit card fees and this amount is strictly non-refundable even if the event gets cancelled and all participants are refunded their contributions.
Group Set Go does not control (and thus cannot disclose) the non-merchant fees levied by your credit card company, including fees for participating in events in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates that may be directly levied on you.
Platform Fees. You will be charged a pre-disclosed % of the “Final Charge Amount” (= Original charge amount – Partial Refunds) as Group Set Go platform fees. These fees help us maintain the platform and provide the service that our registered users deserve.
Currency Used. All transactions on the Group Set Go App are in United States currency (USD$). Group Set Go does not provide currency exchange services.
Transfers. If you wish to transfer your spot in an event you have contributed to on Group Set Go, please contact the Organizer/Host of the event. You can do so in the Group chat of the event or initiate a 1 on 1 chat with the host.
Refunds. Once the stated “Leave by Date” of the event has passed, you will not receive any refund for choosing to leave the event. If the total expenses of the event as settled by the host are less than the originally anticipated cost, you may receive a partial refund of your original payment. You may also receive a partial refund if more people join the event thus reducing the per person costs. The credit card fees levied on the original contribution will not be refunded during partial refunds.
Disputes. You agree that the event of a dispute brought before Group Set Go between the Host and Registered Users regarding the total expenses surrounding an Event, any decision made by Group Set Go shall be final and binding on both parties. Group Set Go will render judgment in the Host’s favor unless, in Group Set Go’s sole discretion, convincing evidence is brought forth to the contrary. The Registered User’s remedy, in such case, shall be to use the Rating and Review system within the Group Set Go App, provided that the Registered User abides by the Terms for using such system, as described above. Please note that Group Set Go is not a party to any such dispute and shall not be held responsible or liable for any decision it may make regarding such disputes. All payments made through the App are processed through an independent, third-party payment processor (the “Payment Processor”) and Group Set Go expressly disclaims any liability and responsibility for errors or inaccuracies with such Payment Processor. Further, the Payment Processor may have its own set of terms and conditions, including without limitation refunds and processing times, that you will be subject through your use of their services.
15. Your Account With Group Set Go
We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Group Set Go or user the Services, including the following:
You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. However, if you are under 18, please do not provide us with any information about yourself.
You can register Group Set Go Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (SNS Account). You have the ability to disable the connection between your Group Set Go Account and your SNS Account at any time through your Account Settings.
You may be asked to provide additional information during the registration process for your Group Set Go Account including, but not limited to, your age, your location, your phone number, your hobbies, your interests, and other various preferences.
You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the ‘Registration Data’). You also agree to update this Registration Data if it changes.
If there is a dispute between two or more persons or entities as to account ownership, Group Set Go will be the sole arbiter of that dispute and Group Set Go’s decision (which may include termination or suspension of the account) will be final and binding on those parties.
If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Group Set Go all permissions and licenses provided in these Terms.
You cannot register more than one Group Set Go Account unless Group Set Go authorizes you to do so. You may not assign or otherwise transfer your Group Set Go Account to another party.
You are responsible for maintaining the confidentiality and security of your Group Set Go Account credentials and may not disclose your credentials to any third party. You must immediately notify Group Set Go if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Group Set Go Account. You are liable for any and all activities conducted through your Group Set Go Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
If you choose to use the Group Set Go App, your relationship with Group Set Go is limited to being an independent third-party user, and not an employee, agent, joint venturer, or partner of Group Set Go for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Group Set Go.
You must provide certain devices, software, and data connections to use the Group Set Go App, which we otherwise do not supply. For as long as you use the Group Set Go Services, you consent to downloading and installing updates to the Group Set Go App, even automatically. Group Set Go is not responsible, nor liable, directly or indirectly, for any download, installation, use, transmission failure, interruption, or delay of the Group Set Go Services or the Group Set Go App, or any third-party content, services, or advertisements due to data, connectivity, or other internet issues due to such devices, software, and data connections. Group Set Go is likewise not responsible, nor liable, directly or indirectly, for any data charges or service fees associated with such devices, software, and data connections.
16. Our Community Guidelines
You agree to abide by the Group Set Go Community Guidelines whenever you use
17. Your Content.
Group Set Go may, at its sole discretion, enable Registered Users to: (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Group Set Go App (Registered User Content); and (ii) access and view Registered User Content and any content that Group Set Go itself makes available on or through the Group Set Go App, including proprietary Group Set Go content and any content licensed or authorized for use by or through Group Set Go from a third party (Group Set Go Content) and together with Registered User Content, (Collective Content).
Group Set Go is not responsible for any Registered User Content on the Group Set Go App. Registered User Content is uploaded by Registered Users at their own risk and Registered Users must ensure their postings, messages, and chats comply with these Terms.
The Group Set Go App, Group Set Go Content, and Registered User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Group Set Go App and Group Set Go Content, including all associated intellectual property rights, are the exclusive property of Group Set Go and/or its licensors or authorizing third-parties. You will not remove, alter, reproduce, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Group Set Go App, Group Set Go Content or Registered User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Group Set Go used on or in connection with the Group Set Go App and Group Set Go Content are trademarks or registered trademarks of Group Set Go in the United States. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Group Set Go App, Group Set Go Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Group Set Go App or Collective Content, except to the extent you are the legal owner of certain Registered User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Group Set Go or its licensors, except for the licenses and rights expressly granted in these Terms.
Group Set Go does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant Group Set Go a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Group Set Go’s promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Group Set Go does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and © does not violate these Terms.
Your Content must be accurate and truthful. Group Set Go reserves the right to remove Your Content from the Services if Group Set Go believes in its sole discretion that it violates these Terms, our Community Guidelines, or for any other reason. Group Set Go may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Group Set Go both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; © enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Group Set Go, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
You will not post, upload, publish, submit or transmit any Registered User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any Group Set Go policy. Group Set Go may, without prior notice, remove or disable access to any Registered User Content that Group Set Go finds to be in violation of these Terms or Group Set Go’s then-current policies or standards, or otherwise may be harmful or objectionable to Group Set Go, its Registered Users, third parties, or property.
Subject to your compliance with these Terms, Group Set Go grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) download and use Group Set Go mobile apps, as they become available, on your personal device(s); and (ii) access and view any Collective Content made available on or through the Group Set Go App and accessible to you, solely for your personal and non-commercial use.
18. Rules For Use Of Chat Tools
You agree to abide by the Group Set Go Community Guidelines whenever you use or access our Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the Group Set Go Services.
18.1 Group Set Go may make available to you features and tools that allow you to contact your Consumers, other users of the Services via chat (the Chat Tools). If you use Chat Tools, you represent and agree that:
(b) your use of the Chat Tools and the content of your instant messages complies these Terms;
18.2 If you violate any of these Chat Tools rules or if your use of the Chat Tools results in complaints, Group Set Go may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Service.
19. Ratings And Reviews.
Ratings and Reviews. Within a certain timeframe after attending an event, Registered Users can leave a public review (“Review”) and submit a star rating (“Rating”) about the registered user creating an Event (the “Host”). Any Ratings or Reviews reflect the opinion of individual Registered Users and do not reflect the opinion of Group Set Go. Ratings and Reviews are not verified by Group Set Go for accuracy and may be incorrect or misleading. Ratings and Reviews must be fair, truthful and factual and may not contain any offensive or defamatory language. Registered Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Host.
Notices to you may be sent via email or regular mail to the address in Group Set Go’s records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Group Set Go or deliver any notice, you can do so at Group Set Go, Inc., Attn: Legal Department PO Box 7775 #91419, San Francisco, CA 94120, USA or via email to email@example.com
21. Modifications To The Terms Or Services
Group Set Go reserves the right to modify these Terms from time to time (collectively, ‘Modifications’). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the ‘Updated’ date at the top of this page; or (c) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the ‘Updated’ date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, Group Set Go may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of Group Set Go. Group Set Go is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Group Set Go reserves the right modify, replace or discontinue any part of the Services or the entire Service.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
23. Entire Agreement
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and Group Set Go and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Group Set Go on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of Group Set Go relating to a specified event or events.
24. Applicable Law And Jurisdiction
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Group Set Go is based in Houston, Texas, and any legal action against Group Set Go related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in Houston, Texas. Thus, for any actions not subject to arbitration, you and Group Set Go agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in Houston County, Texas.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (Feedback). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
26. Third Party Websites; Linked Accounts
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Group Set Go has no control over such websites and resources, you acknowledge and agree that Group Set Go is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Group Set Go partners or third party service providers.
27. Additional Miscellaneous Provisions
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.