Gtown.com Terms of Service
Welcome to Gtown.com, an online marketing suite owned and operated by Gtown.com Inc. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Gtown,” “Gtown.com,” “Gtown.com Inc.,” “us,” “we,” and “our,” refer to us, Gtown.com Inc., our website, Gtown.com, or our service, as is appropriate in the context of the use of the words. Likewise, the words “you,” “user,” and “your” refer to you, the person who is being presented with this document for your agreement, though “User” may also refer to certain others as defined below.
2. Description of Service
Gtown is a marketing application based on the Software-as-a-Service (SaaS) model. We offer a self-service platform for businesses to create, promote, manage and track all of their marketing efforts in one place. The Gtown platform helps to manage your promotions and track in-store sales. We bridge the gap from online marketing to offline sales.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Gtown” refers to the business which owns this website (Gtown.com Inc.), our Site, or our Service, depending on the context of the usage;
“Service” refers to the services that we provide through our Site, including but not limited to our marketing service;
“Site” refers to our website, www.gtown.com;
“User” refers to you, other customers of Gtown Inc., and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Gtown.com Inc.
4. Information Supplied
When you sign up for our Service, you will be asked for certain information, including your name, e-mail address, mailing address, and telephone number.
Because we offer our Service in the United States, we comply with the Children’s Online Privacy Protection Act as passed by the U.S. Congress. As such, you must be at least thirteen years old to use our Service, and you agree that you will not use our Service to collect information from anybody who is under thirteen years old. If you live in a jurisdiction other than the United States, these same conditions apply, except that, if your jurisdiction sets a higher minimum age for information collection from minors, that higher age shall apply.
Our Service involves permitting third parties such as yourself and others to market their businesses using our unique marketing tools. These tools include, but may not be limited to, tools enabling you to create sales promotions easily; distribute your promotions throughout the Internet; track promotions redemptions; and analyze traffic, redemptions, and other information.
Our Service is offered for free and on an “as is” basis. You acknowledge that our Service may not be available from time to time, and that we provide no statements as to the suitability of our Service for marketing your website, business, product, or service, including in regards to search engine rankings.
You hereby release us from any and all liability that we may otherwise have for any damage or other loss suffered by you as a result of your use of our Service and, if you are signing up on behalf of an organization, you represent to us that you have the authority to and do in fact waive us from this liability on behalf of that organization.
6. Rules of Conduct
We permit Users to upload build promotions and engage in other marketing activities with our Service. When using our Site or Service, you agree that you will not:
- Violate any provision of law applicable in the State of California or anywhere else in the United States.
- Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, its Users, Gtown, or the Service or Site that we provide.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Site, Service, or Users.
- Run any bots or other software to aggregate or browse our content, including but not limited to the promotional campaigns created by our Users.
- Infringe on anyone’s intellectual property rights.
- Defame anyone.
- Post anything violent, pornographic, hateful, racist, or otherwise objectionable. What is objectionable shall be the right of Gtown to determine.
- Use our Service for fraud.
- Sign up for more than one Gtown account, unless you have received prior documented permission from us for doing so and have not had that permission revoked.
- Sign up for an account on behalf of an organization without that organization’s consent to do so.
- Violate the CAN-SPAM Act of 2003 or any other anti-spam laws, whether they are statutory or are found at the common law, such as actions which constitute a private nuisance.
- Create any promotions which you do not intend to fulfill, or cannot, will not, or ultimately do not fulfill.
- Otherwise act in a manner which, at Gtown’s sole discretion, is objectionable.
7. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, or our Site itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing marketing campaigns posted to our Site by our Users, even if such materials would otherwise be available for legal copying. Such copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data, but can also negatively impact our network capacity. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation.
Notwithstanding the foregoing, however, you may copy Users’ materials which appear on our Site if the User gives you the required legal consent to do so, and you make copies from materials that are not located on our servers so that our network capacity is not harmed (e.g., have the User e-mail you the materials you wish to use).
8. Your Copyright
We may permit you to upload your own content or other information through our Service for the purpose of conducting promotional campaigns. However, we cannot permit you to upload content to us unless we know for sure that we can use that content without having to search for and delete it at a later date due to a legal request. Therefore, whenever submitting content to us, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any claims against us which may arise from your purported grant of these rights, whether those claims are ill-founded or not.
“Gtown” is a trademark used by us, Gtown.com Inc., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
You must not use our Service to violate any sanctions, embargoes, or other commercial controls enforced by the United States, or do anything that would cause Gtown, you, or anybody else to be in violation of such controls. This means that if, for example, you would violate export controls by signing up to our Service because you are the resident or citizen of a country subject to such controls, you must not sign up for our Service. Similarly, you must not use our marketing campaigns in any way that would result in the conducting of business which is in violation of such controls, such as, but not limited to, marketing our Service to a resident or citizen of a country subject to such controls.
For a non-exclusive summary of United States export controls, please view the United States Department of Treasury’s “Sanctions Programs and Country Information” webpage at http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx.
If you suspect a User is using our Service in violation of such controls, you must report the matter immediately to the Office of Foreign Assets Control at 1-800-540-6322 and to Gtown by e-mailing us with full details at firstname.lastname@example.org.
11. Revocation of Consent
Where Gtown has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use, even if it would cause an economic loss or other harm to you. Therefore, we do not recommend using our trademark or our copyrighted materials, even when authorized, unless done in a manner which would not cause hardship to you if you were required to cease using the materials.
12. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability for the actions of third parties posting to our Site or Service under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Copyright Agent
3964 Rivermark Plz #221
Santa Clara, CA 95054
If sending the notification by e-mail, an electronic signature is acceptable.
Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
13. Communications Decency Act
Our Rules of Conduct prohibit Users from using our Site or Service to post defamatory content. If you become aware of a defamatory posting, please contact us at email@example.com with full details and, if we wish to do so, we may decide to remove it.
Please be aware that Section 230 of the Communications Decency Act grants us an absolute shield of immunity for any defamatory material published to our Site by our Users, including the materials contained in promotional campaigns. Therefore, should we fail to take action over any alleged defamation by a third party, you should not attempt to sue us for it or we may seek to have the lawsuit dismissed and, if applicable, recover all of our attorneys’ fees and other legal costs from you.
Additionally, the SPEECH Act 2010 prohibits United States courts from enforcing judgments from other countries which would not be obtainable here. Therefore, you should not attempt to sue us for third party defamation in a foreign jurisdiction to circumvent the Communications Decency Act, as we will object to its domestication in the United States and, if possible, seek an order requiring you to reimburse us for our legal costs in doing so.
14. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS OR INFORMATION MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FRAUDULENT OR NEGLIGENT PROMOTIONAL CAMPAIGNS MADE BY USERS USING OUR SERVICE, SUCH AS, BUT NOT LIMITED TO, COUPONS WHICH USERS SUBSEQUENTLY DO NOT FULFILL.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your legitimate use of our Site or Service, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
16. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract is deemed to have occurred in the State of California.
17. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Specifically, you agree that you will bring any actions against Gtown.com Inc. or actions otherwise arising from or relating Agreement, whether or not against Gtown.com Inc., solely within the Small Claims Court system of the State of California.
If your claim would otherwise be for an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree that you will bring a claim for the maximum amount over which the Small Claims Court has jurisdiction, and waive the right to collect any additional damages.
Additionally, you agree to waive the right to any remedies to which you might otherwise be entitled if a claim were brought outside of the Small Claims Court, including but not limited to equitable relief.
If a claim is not eligible to be heard by the Small Claims Court of the State of California, you agree to bring it in the next most simplified court process available within the geographical boundaries of the State.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that in the event of a dispute arising from or relating to this Agreement or our provision of services to you, the unsuccessful party will be responsible for reimbursing the successful party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
18. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Gtown.com Inc. shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
21. Termination & Cancellation
We may terminate your account or our provision of services to you, or cancel your order at our discretion without explanation, though we will strive to provide a timely explanation in most cases. You agree that we are not liable in any way whatsoever for any loss which results from our exercise of our rights under this section.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. For example, we may be required to assign our rights to a third party in the event of a sale of the rights to Gtown.com and its related services to a third party.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service. You must visit this page each time you come to our Site and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
24. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Gtown.com must be addressed to our agent for notice and sent via certified mail to: James Kim, 3964 Rivermark Plz #221, Santa Clara, California, 95054, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.