Terms of Use
Welcome to gratefultomoveon.com (the "site"). We (the site administrators, "admins") hope you find it useful. By accessing or otherwise interacting with the site or any associated content/postings, you agree to these Terms of Use ("TOU"). You acknowledge and agree that gratefultomoveon.com is a private site. You acknowledge and agree that your use of the site is as a human individual, not as a business, corporation, or other entity. If you are under the age of 18 you agree to have the consent of your parent/guardian to use the site prior to using the site. If you do not agree to the TOU, you are not authorized to use the site. The admins may modify the TOU at any time at their sole discretion. You are responsible for periodically checking for changes and are bound by them if you use the site. The site Privacy Policy, Posting Rules, and all other policies, site rules, and agreements referenced below or on the site, are fully incorporated into this TOU, and you agree to them as well.
License
If you agree to the TOU we grant you a limited, revocable, non-exclusive, non-assignable license to use site in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame", make derivative works, distribute, license, or sell, content from the site, excluding postings you create. You grant use a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post on the site.
Use
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except for general purpose web browsers) or services that interact or interoperate with the site, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect content from the site via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g. by hand). Misleading, unsolicited and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of the site's policies or rules. You agree not to abuse the site's flagging or reporting mechanisms. You agree not to collect user information from the site. You agree not to interfere with the site. You agree we may moderate access/use of the site in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) that no one is liable for moderating or not moderating the site, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available the site or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the site, the API, or any website code, (iii) combine or integrate the site or the API with any software, technology, services, or materials not authorized by the us, (iv) circumvent any functionality that controls access to or otherwise protects the site or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use the site or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
Disclaimer & Liability
To the full extent permitted by law the admins (1) make no promises, warranties, or representations as to the site, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide the site on an "AS IS" and "AS AVAILABLE" basis and any risk of using the site is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with the site. The admins are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to the site, and in no event shall such liability exceed the amount you paid us in the year preceding such loss.
Claims & Indemnity
Any claim, cause of action, demand, or dispute arising from or related to the site ("Claims") will be governed by the internal laws of British Columbia, Canada, without regard to conflict of law provisions, except to the extent governed by Canadian federal law. Any Claims will be exclusively resolved by courts in Vancouver, British Columbia, Canada, (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Vancouver, BC, Canada; (2) indemnify and hold the admins harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of the site; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Misc
Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access the site thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.