Generation Transfer was founded by a group of parents with the goal of creating a safe alternative to
social media networks that increase rates of depression, low self-esteem, social isolation and fear
of missing out in tweens and teens
We are building an online platform to help parents and grandparents share meaningful wisdom and life experience with children in a mutually-engaging way
When you use the Services, we collect the following information, and use it only as described below:
2.1. Account Information. This may include your name, address, email address and phone number. We use this information to set up your Account or contact you.
2.2. Third Party Account Information. If you use Third Party Services, such as social media or photo-sharing services, you may provide us with your Third Party Services account information, such as your username (note that we don't store any passwords you use to access Third Party Services). We transmit, and may store, such account information, only as needed to provide the Services, and only in accordance with the terms and policies of the Third Party Services._
2.3. Communications with Us. When you send us emails or other communications, such as customer support inquiries, we maintain those communications and their contents so that we can resolve your inquiries or otherwise assist you._
2.4. Files You Provide Us. When you use the Services, we store, process and transmit your User Content (such as your photos) and information related to your User Content (such as location tags in photos). We process and store such files and information in order to provide the Services, as described in our_Terms of Service.
2.5. Usage Information. This includes information about your activity on and interaction with the Services, such as your IP address, your device or browser type, the webpage you visited before coming to our sites and identifiers associated with your devices. This information enables us to analyze how the Services are being accessed and used, and to track performance of the Services.
2.6. Location Information. Your devices (depending on your settings) may transmit location information to the Services. We use this information to customize, improve and protect the Services. For example, we may use your location information to determine local language preferences, or to geotag a post.
2.7. Cookies and Other Technologies. We use these technologies to do things such as remember your preferences, keep you safe and improve and promote the Services.
When you use the Services, we may share your information only as described below:
3.1._Following the Law. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to comply with the law, protect our rights or prevent fraud or abuse of Generation Transfer or our users. When we receive law enforcement or national security requests for information, we strongly believe in privacy and transparency. We scrutinize such requests carefully and challenge vague, overbroad or otherwise unlawful requests. And when legally permitted, we provide our users with notice that their information is being requested. This notice is provided so that you have the opportunity to challenge such requests._
3.3. Business Transfers. If we're involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal._
While no service is completely secure, we are dedicated to keeping your information safe. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our and testing for and protecting against network vulnerabilities._
We'll retain your personal information for as long as we need it to provide you with the Services. You can ask for your personal information to be deleted at any time by deleting your Account or contacting us email@example.com. Please note that there may be latency in deleting your personal information from our servers and backup storage, and we may retain your personal information in order to comply with the law, protect our rights, resolve disputes or enforce our agreements.
To modify or delete the personal information you have provided to us, simply log into the Services and update your profile. We may retain certain information as required by law or for necessary business purposes. On request, we'll provide you with a copy of your personal information that we maintain. This request may be subject to a fee not exceeding the prescribed fee permitted by law.
We may periodically email you service-related announcements. We may also send you marketing or promotional communications, but you can opt out of receiving subsequent marketing or promotional communications by clicking the link marked unsubscribe (or a similar phrasing) that's included in those communications._
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").
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
3.2.2. Spamming and Phishing
3.2.3. Deceiving and Impersonating Others
3.2.5. Infringing, Misappropriating and Violating Rights
3.2.6. Mistreating others
3.2.7. Breaking the Law
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 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 firstname.lastname@example.org 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:
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:_
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.
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:
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 email@example.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 [firstname.lastname@example.org] 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 email@example.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._