Last Updated: March 1, 2008
GetBack Media Inc., its subsidiaries, affiliates, partners and licensors (collectively "GetBack") welcomes you. GetBack provides users with access to a rich collection of resources including, without limitation, communications tools, widgets, applications, gadgets, forums, shopping services, search services, personalized content, User Content (defined below) branded programming, Third Party Content (defined below) and GetBack Content (defined below), while at the same time allowing users to enjoy an enriching social networking experience through its website, GetBack.com (the "GetBack Site"), which may be accessed through various platforms and devices (the "Service"). Your access to the Service is subject to these Terms of Use ("TOU") and the GetBack Privacy Policy ("Privacy Policy"), located at http://www.getback.com/privacypolicy.html. GetBack reserves the right, in its sole discretion, to change, modify, add, or delete portions of this TOU and the Privacy Policy at any time without notice, and GetBack will post any such revisions on the GetBack Site. Your continued use of the Service is subject to all such revisions.
To use the Service, you may be required to setup a account with GetBack ("User Account"). When you create your User Account, you shall:
You will create a password for your User Account when completing the Service's registration process and providing Registration Data. You are responsible for maintaining the confidentiality of the password and User Account and are fully responsible for all activities that occur under your password or User Account. You will immediately notify GetBack of any unauthorized use of your password or User Account or any other breach of security.
Minors under the age of eighteen (18) are not authorized by GetBack to use the Service, even if they set up a User Account with GetBack or accept the terms of this TOU. Parents or legal guardians may authorize a minor between the ages of thirteen and seventeen (13 and 17) to use the Service, provided they assume all responsibility and legal liability for the conduct of the minor including, without limitation, monitoring their access and use of the Service. Minors under the age of thirteen (13) may not create a User Account and are prohibited from using the Service. GetBack may terminate a User Account of any minor if there is a failure to comply with this Section.
GetBack does not claim ownership of audio and video materials uploaded to or made available within the Service by you including, without limitation, text, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials (collectively, "User Content"). With regards to User Content, the Service is a passive conduit and GetBack is not responsible for the:
GetBack has no obligation (and undertakes no responsibility or liability for any obligation) to review, monitor or oversee any User Content submitted, uploaded, distributed or retrieved in connection with the use of the Service. Furthermore, GetBack assumes no responsibility for protecting or enforcing third party rights with respect to User Content, including, without limitation, monitoring the User Content, determining whether User Content is lawful, appropriate or permitted by third parties, for libel, falsehoods, errors or omissions contained in User Content or compliant with FCC or other governmental regulations, or for taking legal action against actual or suspected infringers of User Content.
Your User Content may be displayed in two areas of the Service; private and public. "Private Areas" are those areas of the Service that are only accessible by members of Service who have created a User Account (e.g. GetBack Mail or GetBack Yearbooks). "Public Areas" are those areas of the Service (e.g. that are intended by GetBack to be available to the general public (e.g. GetBack Message Boards and portions of GetBack, Photos and Yearbooks that are accessible via hypertext or other links but are not hosted or served by GetBack).
By using the Service you grant GetBack royalty-free, sublicensable, worldwide license to use, distribute, modify, adapt, store, publicly perform, publicly display, reproduce, host, cache, reformat, translate and encode User Content uploaded or otherwise made available by you to the Service in perpetuity. This license will terminate if:
GetBack may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded User Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by a User Account on the Service, the maximum size of any e-mail message that may be sent from or received by a User Account on the Service, the maximum disk space that will be allotted on GetBack's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. GetBack has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. GetBack reserves the right to log off User Accounts that are inactive for an extended period of time.
User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Content originated. This means that you, and not GetBack, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Service. GetBack does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You may be exposed to User Content or Third Party Content that is offensive, indecent or objectionable. Under no circumstances will GetBack be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service.
You may not use the Service to:
Additionally, you understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by GetBack and/or User Content providers who provide User Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
GetBack may provide various audio and visual materials through Service including, without limitation, text, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials from third parties (collectively, "Third Party Content"). GetBack provides this Third Party Content to enhance your experience using the Service. All Third Party Content is displayed under license and the applicable third party retains all rights. Regardless of your use of Third Party Content, you shall not acquire any right, title or interest in any Third Party Content or derivate works thereof.
GetBack may provide various audio and visual materials through Service including, without limitation, text, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials (collectively, "GetBack Content"). GetBack provides the GetBack Content to enhance your experience using the Service. All GetBack Content is owned by GetBack and retains all right title and interest. Nothing in this TOU shall be construed to grant you any right, title or interest in or to any GetBack Content.
The Service may include certain features available via a mobile device. GetBack does not charge a fee for Services made available via a mobile device, however, your mobile device carrier fees may still apply. Further, downloading, installing, or using certain portions of the Service may be prohibited or restricted by your mobile device carrier, and not all features of the Service may function properly with all carriers, devices or software. GetBack recommends that you check with your mobile device carrier to find out what restrictions, if any, may be applicable to your use of the Service.
GetBack may provide a set of APIs and documentation to enable third-party developers ("Developers") to create applications for the Service that you will be able to use through the Service ("Applications"). Such Applications may retrieve data made available by GetBack and its users, or may retrieve data from third-party sites for use in conjunction with the Service.
Developers may only use the Service in accordance with the terms and conditions set forth in an agreement entered into between GetBack and the Developer.
Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their Applications. GetBack does not endorse or review Applications and GetBack is not responsible for your use of or inability to use any Application. Your use of any Application is done at your own risk. Prior to installing any Application, you should review any terms and conditions and privacy polices provided by the developer.
The Service may contain links to other World Wide Web sites or resources as well as Third Party Content, Applications or other software originating from third parties. GetBack does not monitor or check the accuracy of such third party materials and accordingly, GetBack has no control over such third party sites and resources. GetBack is:
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. GetBack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
GetBack does not accept unsolicited feedback, ideas, documents, suggestions or other information ("Contributions") about GetBack, the Service, or any other GetBack products and services. GetBack shall be free to use any Contributions provided by you to GetBack for any purpose, such as improving its products and services (including the Service) and creating derivative technologies based upon such Contributions. All Contributions are provided voluntarily and free of any third party rights or encumbrances.
From time to time, GetBack may solicit Contributions from you through Contribution websites specifically created for that purpose. By submitting Contributions through such websites, you agree:
You shall not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your User Account)
GetBack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. For clarity, GetBack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
GetBack may terminate your User Account, any associated e-mail address, and your access to the Service without prior notice:
The Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable laws and statutes. Further, Third Party Content and contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by GetBack or advertisers, you may not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
GetBack grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You may not modify the Software in any manner or form, nor to use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to the Service.
GetBack may provide you with notices, including notices regarding changes to this TOU, by but not limited to e-mail, regular U.S. mail, SMS, MMS, text messages, postings on the Service, or other reasonable means now known or hereinafter developed. The Service may include certain communications from GetBack, such as service announcements, administrative messages and the GetBack Newsletter, and that these communications are considered part of GetBack membership and you will not be able to opt out of receiving them.
GetBack may make the Service available in pre-release forms or formats ("Beta Versions"). The Beta Versions may contain different features than the final version that GetBack intends to distribute commercially. GetBack reserves the right at any time not to release commercial versions of the Beta Versions, or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. The Beta Versions may not be suitable for production or commercial use and may contain bugs or errors affecting their proper operation. No Beta Versions should be used to support "mission critical" applications or in environments requiring fail safe or error free performance.
GetBack, GetBack logo, GetBack (in Chinese characters), RetroMinute logo, The Hype logo, Production Notes logo, GetBack Yearbook logo, Replay logo, Wakin' Up The Memories, Then & Now logos, and GetBack Conversations are trademarks owned and operated by GetBack (collectively, the "GetBack Marks"). In no event shall any GetBack Marks be deemed sold or assigned to you as a result of your acceptance of this TOU or by your use of the Service. Any and all rights not expressly granted herein are reserved.
Copyright Infringement Notification
GetBack respects the intellectual property rights of others and we ask our users to do the same. GetBack may, in appropriate circumstances and at its sole discretion, disable and/or terminate the User Account of a user who may be an infringer. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website located at http://www.copyright.gov/legislation/dmca.pdf, GetBack will promptly respond to claims of potential copyright infringement committed using the Services. Copyright owners or a party authorized to act on behalf of an owner, should report potential copyright infringement by completing the following DMCA notice and delivering it to the GetBack Designated Copyright Agent. Upon receipt, GetBack will take whatever action, in its sole discretion, it deems appropriate, including removal of the potentially infringing material and/or termination of the potential infringer's User Account.
Please send either an email to copyright@getback.com (Subject: DMCA Notification), a facsimile to: (310) 442-5051 (Attn: DMCA Notification), or letter to the address provided below with all of the following information:
Such written notice should be sent to GetBack's designated agent as follows:
GetBack Media, Inc.
DMCA Notification
2036 Armacost Ave. 2nd Floor
Los Angeles, CA 90025
(310) 442-5051
By email: copyright@getback.com
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. To file a counter-notification with GetBack, a written communication that sets forth the items specified below must be provided. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. GetBack will terminate any User Account who is a repeat infringer. Accordingly, if you are not sure whether certain material infringes the copyright of others, you should contact an attorney.
To file a Counter-Notification, please send either an email to copyright@getback.com (Subject: DMCA Counter-Notification), a facsimile to: (310) 442-5051, Attn: DMCA Counter-Notification), or letter to the address provided below with all of the following information:
Such written notice should be sent to GetBack's designated agent as follows:
GetBack Media, Inc.
DMCA Counter-Notification
2036 Armacost Ave. 2nd Floor
Los Angeles, CA 90025
(310) 442-5051
By email: copyright@getback.com
What happens next?
After GetBack receives a counter-notification, GetBack will forward it to the party who submitted the original claim of copyright infringement. Please note that when GetBack forwards the counter-notification, it will include any personal information provided to GetBack and submitting a counter-notification requires unencumbered consent to having such information revealed in this way. GetBack will not forward the counter-notification to any party other than the original claimant. The claimant must then notify GetBack within ten (10) days that he or she has filed an action seeking a court order to restrain the infringer from engaging in infringing activity relating to the material distributed via the GetBack Properties. If GetBack receives such notification, GetBack will be unable to restore the Content until resolution of any court action. If GetBack does not receive such notification, GetBack may, at its sole discretion, reinstate the Content.
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy located at http://www.getback.com/privacypolicy.html.
You are solely responsible for your interactions with other the Service GetBack Offering users. GetBack reserves the right, but has no obligation, to monitor disputes between you and other users.
The Service is of U.S. origin. You shall adhere to all applicable state, federal, local and international laws and treaties in all jurisdictions in which you use the Service. For clarity, you, and not GetBack, shall be responsible for ensuring that your use does not constitute a criminal offense, give rise to civil liability or otherwise violates any applicable law, regulation or ordinance, including, without limitation, U.S. law, regarding the transmission of copyrighted or trademarked Content.
You represent and warrant that you have full authority to enter into and accept this TOU and grant the rights and licenses to GetBack herein. With respect to Content, you represent and warrant that no Content submitted or otherwise uploaded, posted, transmitted, or shared by you on or through the Service will violate or infringe the intellectual property rights of any third party. You shall defend, indemnify and hold GetBack, its subsidiaries, affiliates, officers, agents, employees, partners and licensors (collectively, the "GetBack Entities") harmless against any and all third party claims, damages, costs and expenses (including reasonable attorneys' fees and litigation expenses) arising out of or in connection with your breach of the warranties set forth herein.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE GETBACK ENTITIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICE OR THAT THE SERVICE SHALL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE GETBACK OFFERING MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND GETBACK IS NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND GETBACK'S REASONABLE CONTROL.
FURTHER, THE GETBACK ENTITIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE IN REGARDS TO ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICE FROM A THIRD PARTY. THIS INCLUDES ANY APPLICATION, CONTENT, OR LINK PROVIDED BY A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GETBACK ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, DATA, unauthorized use of your password or User Account, breach of USER ACCOUNT SECURITY, TERMINATION OF USER ACCOUNT OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TOU OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF GETBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND GETBACK'S TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THIS TOU FOR ANY REASON SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, UP TO FIVE HUNDRED U.S. DOLLARS ($500.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
This TOU shall be governed by the laws of the State of California and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction to the contrary. To the maximum extent permitted by applicable law, any controversy, dispute or claim arising out of or relating to this TOU or breach thereof shall be resolved by binding arbitration, and that any arbitration conducted hereunder shall take place in Los Angeles, California. The exclusive remedy for all disputes and claims relating in any way to, or arising out of, this TOU or your use of the GetBack Offering shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the State of California. California law, to the extent permitted, shall govern all substantive aspects of the dispute. Notwithstanding the foregoing, to the extent that you have breached or have indicated your intention to breach this TOU in any manner (including, without limitation, any breach that may impact GetBack's intellectual property rights, or a breach by reverse engineering), GetBack may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction and GetBack reserves the right to seek all remedies available at law or in equity for violations of this TOU. For clarity, this TOU shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods.
This TOU and the GetBack Privacy Policy located at http://www.getback.com/privacypolicy.html comprise the entire agreement between you and GetBack and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests or other communications shall be in writing and sent via e-mail or US pre-paid post to the authorized representative of the other party. If any part of this TOU is found to be illegal, unenforceable, or invalid, then that part shall be removed and remaining provisions will continue to be valid and enforceable. Any services provided herein shall be construed to be on an independent contractor basis. No joint venture, partnership, employment, agency or exclusive relationship shall exist between you and GetBack. Any failure to enforce any provision of this TOU shall not constitute a waiver of such rights. Your obligations under this TOU and your User Account may not be assigned, transferred or sold to any third party without prior written consent of GetBack. GetBack has no obligation to allow for a transfer of a User Account upon death of a user, unless requested by the next-of-kin and then only with a valid death certificate. Any amendment or other modification of this TOU shall be effective only if in writing and signed by both parties. All disclaimers, limitations, and restrictions of warranty shall survive termination of this TOU, as well as the provisions of this "General" section.
Please report any violations of the Terms of Use to our Customer Care group.
If you have any questions regarding this Term of Use, please feel free to contact GetBack at:
GetBack Media Inc.
2036 Armacost Ave. 2nd Floor
Los Angeles, CA 90025
Fax: (310) 442-5051
E-mail: registration@getback.com