Terms of Service
These Terms of Service ("Terms") cover your use of and access to the sites, templates, products, applications, tools and features (collectively, the "Services") provided by Generation Transfer, Inc. (together with its officers, directors, employees, agents, subsidiaries and affiliates, "Generation Transfer").
By using or accessing the Services, you're agreeing to these Terms and our_Privacy Policy_(collectively, this "Agreement"). If you don't agree to all the terms in this Agreement, you may not use or access the Services._
1. Creating an Account
Make sure your account information is accurate, and you keep your account safe. You're responsible for your account and any activity on it. Also, you need to be at least 13 years old to use Generation Transfer.
1.1. Signing Up. To use the Services, you must first create an account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you._
1.2. Staying Safe. Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You're solely responsible for any activity on your Account. We're not liable for any acts or omissions by you in connection with your Account._
1.3. Thirteen and Older. The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you're at least 13. Also, if you're under the age of 18, you must have your parent or guardian's consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live)._
2. Your Content
When you upload content to Generation Transfer, you still own it. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it, and also to display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don't want us to do that.
2.1. Your User Content Stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials ("User Content"). Your User Content stays yours. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
2.2. Your License to Us. When you provide User Content via the Services, you grant Generation Transfer a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
3. Your Responsibilities
You're responsible for the content you publish on Generation Transfer, and you vouch to us that it's all okay to use. We also ask that you follow our rules, and don't do anything illegal here.
3.1. Only Use Content You're Allowed to Use._You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others' intellectual property or other rights, so please don't copy, upload, download or share content unless you have the right to do so.
3.2. Follow Our Rules. You're responsible for your conduct and User Content, and you must comply with our_policies listed below. As a Generation Transfer user, you agree not to misuse the Services or help anyone else do so. For example, you can't do any of the following in connection with the Services:
3.2.1. Abusing and Disrupting the Services
- Don't probe, scan or test the vulnerability of any system or network.
- Don't breach or otherwise bypass any security or authentication measures.
- Don't access, tamper with or use nonpublic areas or parts of the Services, or shared areas of the Services you haven't been invited to.
- Don't interfere with or disrupt any user, host or network (whether it's Generation Transfer's or someone else's), for example by distributing malware or overloading, flooding or mail-bombing any part of the Services.
- Don't take apart, decompile or reverse engineer any part of the Services in an effort to access things such as source code or algorithms.
- Don't access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example, scraping, spidering or crawling).
- Don't take any action that imposes an unreasonable load on our infrastructure or our third party providers. (We reserve the right to determine what's reasonable.)
- Don't provide your password to any other person, use any other person's username and password, or otherwise manage the Services through shared credentials.
3.2.2. Spamming and Phishing
- Don't send spam or other unsolicited communications, promotions or advertisements. (We reserve the right to determine what constitutes spam.)
- Don't send altered, deceptive or false source-identifying information, including without limitation phishing or spoofing.
3.2.3. Deceiving and Impersonating Others
- Don't do anything that's false, fraudulent, inaccurate or deceiving.
- Don't impersonate another person, company or entity.
- Don't engage in misleading or unethical marketing or advertising.
3.2.4. Stealing
- Don't promote or advertise products or services other than your own without appropriate authorization.
- Don't sell the Services unless specifically authorized to do so, or publish or use the Services on any network or system other than those provided by Generation Transfer unless previously authorized by Generation Transfer.
3.2.5. Infringing, Misappropriating and Violating Rights
- Don't infringe or misappropriate anyone's copyright, trademark or other intellectual property rights.
- Don't violate anyone's privacy or publicity rights.
3.2.6. Mistreating others
- Don't do or post anything threatening, harassing, abusive, excessively violent, offensive, sexually explicit or obscene.
- Don't advocate bigotry or hatred against any person or group based on their race, ethnicity, nationality, religion, gender, gender identity, sexual preference, age or disability.
3.2.7. Breaking the Law
- Don't use the Services in violation of any US export controls, regulations or sanctions.
- Don't do anything that otherwise_violates the law, including without limitation all local laws regarding online conduct and acceptable content.
If we conclude that you're violating any of these policies, or engaging in any other behavior we deem abusive or inappropriate, we may take action against your Account. We try to ensure fair outcomes, but in all cases we reserve the right to remove any content or suspend your Account without any refund of any amounts paid for the Services, without notice, at any time and for any reason.
3.3. Follow the Law. You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.
3.4. Share Responsibly. The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We're not responsible for what you share via the Services.
4. Third Party Sites and User Content
4.1. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don't control and aren't liable for those sites.
4.2. User Content. We haven't reviewed and can't review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don't represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We're not a publisher of, and we're not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.
5. Our Intellectual Property
Generation Transfer is protected by various intellectual property laws. This section summarizes what we own and how we share._
5.1. Generation Transfer Owns Generation Transfer.The Services are protected by copyright, trademark and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others' content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
5.2. We Can Use Your Feedback for Free. We welcome your feedback, ideas or suggestions ("Feedback"), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
5.3. Our Betas Are Still in Beta._We may release products and features that we're still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.
5.4. We Use Open Source Software. Some of the software used in the Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.
6. Our Rights
6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law):_
- we may change the Services and their functionality
- we may restrict access to or use of parts or all of the Services;
- we may suspend or discontinue parts or all of the Services;
- we may terminate, suspend or restrict your access to or use of parts or all of the Services;
- we may terminate, suspend or restrict access to your Account;
- we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
7. Privacy
Our Privacy Policy explains how we handle your information. Be sure to read it carefully, as it's part of our agreement._Our_Privacy Policy_explains how we collect, use and share your information. By using the Services, you agree to our collection, use and sharing of information as set forth in the_Privacy Policy.
8. Copyright
We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy. We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers.
9. Term and Termination
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact_us at info@generationtransfer.com or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
10. Warranty Disclaimers
The Services are provided as is, without warranties.To the fullest extent permitted by law, Generation Transfer makes no warranties, either express or implied, about the Services. The Services are provided "as is." Generation Transfer also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Generation Transfer shall create any warranty. Generation Transfer makes no warranty or representation that the Services will:
- be timely, uninterrupted or error-free;
- meet your requirements or expectations; or
- be free from viruses or other harmful components._Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
11. Limitation of Liability
If something bad happens as a result of your using Generation Transfer, our liability is capped._
To the fullest extent permitted by law, in no event will Generation Transfer be liable with respect to any claims arising out of or related to the Services or this Agreement for:_
- any indirect, special, incidental, exemplary, punitive or consequential damages;
- any loss of profits, revenue, data, goodwill or other intangible losses;
- any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services;
- any damages related to loss or corruption of any content or data, including without limitation User Content and other data;
- any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or
- any Third Party Services or third party sites accessed via the Services.
These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Generation Transfer has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Generation Transfer for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Generation Transfer in the twelve (12) months immediately preceding the event that gave rise to such claim._Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
12. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Generation Transfer from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to:
- your breach of this Agreement;
- your User Content; and
- your violation of any law or regulation or the rights of any third party._
13. Dispute Resolution
Before filing a claim against Generation Transfer, you agree to try to work it out informally with us first. All formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Claims can only be brought individually, and not as part of a class action.
13.1. Informal Resolution. Before filing a claim against Generation Transfer, you agree to try to resolve the dispute by first emailing_legal@generationtransfer.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can't resolve the dispute within thirty (30) days of our receipt of your first email, you or Generation Transfer may then bring a formal proceeding.
13.2. Arbitration Agreement. You and Generation Transfer agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and Generation Transfer expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration._There is no judge or jury in arbitration, and court review of an arbitration award is limited.
13.3. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us [at_arbitration@generationtransfer.com] within thirty (30) days of the date that you first agree to this Agreement ("Opt-Out Period"). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 13.3, then Sections 13.2, 13.5, 13.6 and 13.7 of these Terms do not apply to you. This opt-out doesn't affect any other sections of the Terms, including without limitation Sections 13.8 (Judicial Forum For Disputes; Time For Filing), 13.9 (No Class Actions) and 14.2 (Controlling Law). If you have any questions about this process, please contact arbitration@generationtransfer.com. __
13.4. Arbitration Time for Filing. Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
13.5. Arbitration Procedures. JAMS, Inc. ("JAMS") will administer the arbitration in accordance with the_JAMS Streamlined Arbitration Rules & Procedures("JAMS Rules") in effect at the time of the dispute. You and Generation Transfer agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite the choice of law provision below). Any arbitration hearings will take place at a location to be agreed upon in Delaware, in English, and shall be settled by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
13.6. Arbitration Fees. The JAMS Rules will govern payment of all arbitration fees. We won't seek our attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
13.7. Exceptions to Arbitration Agreement. Either you or Generation Transfer may assert claims, if they qualify, in small claims court in Delaware or any United States state where you live or work. Either you or Generation Transfer may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above._
13.8. Judicial Forum for Disputes; Time for Filing. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 13.3, you and Generation Transfer agree that any judicial proceeding (other than small claims actions) must be brought exclusively in the federal or state courts of Delaware and you and Generation Transfer consent to venue and personal jurisdiction in those courts. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
14. Additional Terms
This Agreement is the whole agreement between us regarding your use of Generation Transfer. If we ever change it in a way that meaningfully reduces your rights, we'll give you notice and an opportunity to cancel. Also, if you're reading this in a language other than English, note that the English language version controls.
14.1._Entire Agreement. This Agreement constitutes the entire agreement between you and Generation Transfer regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
14.2. Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of Delaware, without regard to its conflict of law provisions.
14.3. Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
14.4. Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we'll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.
14.5. Translation. This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control._
