TERMS AND CONDITIONS
Welcome to GroopUs.com, and thank you for reading these lengthy but important Terms and Conditions. By doing so you
acknowledge that you are a serious and responsible internet user, and we are very glad to have you on board. GroopUs.com was
designed for people like you, and you will love it!
These Terms and Conditions describe the relation between our website GroopUs.com ('Us, 'We', our 'Website', our 'Site'), and each visitor to and user of our Website, including unregistered and registered users (individually 'User' and collectively, 'Users'). They define your rights and responsabilities, and explain what you can expect from Us (our 'Services').
As with any other website, these Terms and Conditions contain a lot of legal and technical stuff, so if you are not familiar with legal documents, there is a good chance that you rapidly find them boring and get lost in the reading. If it happens, take a step back, relax, drink a cup of cofee, and remember that the key points of the following document are:
- You must be 18 years and older to use this site.
- All the content you create (Discussions, Events, Polls, Files, Photos, etc) is yours, so you are responsible for it.
- We believe that it is possible to communicate and exchange information differently. For this to be possible, we ask all Users to act in good faith, never to harass others or upload material that the community may find offensive or abusive. In addition, you agree not to spam the community or spread any malicious software that may harm other Users computers, and not to use software, such as robots, to harvest information from the site.
- We cannot and do not verify our User's identity, so they may not be who they claim to be. The same applies to the information (Events, Polls, etc) posted on the Website. Therefore, you should be as cautious online as you are offline.
- If you are using material that may be protected by copyright, you must obtain written permission before doing so.
- We believe in the good nature of people, but unfortunately some people try very hard to look or act bad. If you are one of those people, we have the right to stop/delete your account and remove any content that you have created.
Our Site is merely a venue for Users to organize collective events, communicate, and share content with each Users.
Our Services do not include the introduction of Users to one another.
User verification on the Internet is difficult, so we cannot and do not confirm User's purported identity or profile. In particular, we do not endorse any persons who use or register for our Services, and we do not endorse or verify the information such User may submit to the Site.
You are solely responsible for your interactions with other Users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other Users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other Users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another User of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
Because our Site is merely a venue, in the event that you have a dispute with one or more Users, you release Us (and any of our collaborators) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not
limitation, you shall not:
- violate any applicable law or regulation;
- infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
- use information obtained through our Services for any unauthorized purpose;
- interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services);
- stalk or harass any other User of our Services;
- collect or store any information about any other User other than for purposes of the permitted use of our Services;
- assist any third party in doing any of the foregoing;
- register for more than one user account or register for a user account on behalf of an individual other than yourself;
By using our Services you provide us with information (files, folders, etc) that you submit to GroopUs.com (together, “your content”).
You retain full ownership to your content and we do not claim ownership to any of it. In particular, these Terms do not grant us
any rights to your content or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your content, for example, hosting your files, or sharing them at your direction. This also includes technical choices we make to administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
- is defamatory;
- contains nudity or sexually explicit content;
- may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
- depicts use of illicit drugs;
- makes use of offensive language or images;
We note that our Services provide features that allow you to share your content with others or to make it public. Please consider carefully what you choose to share or make public. GroopUs.com has no responsibility for that activity.
In using our Services, you may be exposed to content from other Users or third parties ('Third-Party Content'), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content.
We offer you the option of increasing the storage space of your groups beyond 10 Mo for a fee. You can do so individually
as a user ('You'), or collectively as a group ('your group', 'the group'). Payment is operated by PayPal under their Terms and Conditions,
and we invite you to read them.
If any fee is not paid in a timely manner, or We are unable to process the transaction of one of your group, We reserve the right to revoke access to your account and/or the files of the group for which the fee is due. If you, or any other member of the group for which the fee is due, do not bring the balance current within thirty (30) days after We have provided you and your group with notification that your account is in arrears, We reserves the right, at our sole discretion, to delete some or all of Your files so as to reduce the storage space of the group for which the fee is due to below 10 Mo.
Should you or your group elect to upgrade the storage space of one of your group to a larger amount, the commencement date for the next renewal period will be reset and your group will be billed for the first month or year of the upgraded level of service on a pro-rata basis. For example, if you or your group begin your monthly billed increased storage space on April 10th, the next payment would be due on May 10th. On May 5th, you or your group upgrade the storage space of the group to a larger amount of storage space and pay the new amount associated with the upgrade you have selected, less the amount equal to 5 days at your previous storage space rate. The next payment would then be due on June 5th.
We note that storage space are prepaid and non-refundable. GROOPUS.COM DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS.
We are the owner and/or authorised user of all trade marks, service marks, patents, copyrights, database rights
and all other intellectual property appearing on or contained within our Website, unless otherwise indicated.
Except as expressly authorized by Us, you may not sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material.
Notwithstanding the foregoing, you may use such material in the course of your normal and personal use of our
You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of 'bots' or otherwise. You may not use of any of our trademarks as metatags on other websites, written materials or otherwise. You may, however, establish ordinary links to the homepage of our Site without our written permission.
You are solely responsible for your account. As part of the registration process, you will select a username
and password. You are solely responsible for the confidentiality and use of your username and password. This
means that you are responsible for your account and for anything done by people using your username and password.
In addition, you must log off from your account at the end of each session on our Site and notify Us immediately
of any unauthorized use of your username and password or any other breach of security.
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time:
- terminate your access to our Services;
- deactivate or delete any of your accounts and all related information and files in such accounts;
- bar your access to any of such files or Services.
Discontinuance of Services
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
These Terms and Conditions are governed by and construed in accordance with Belgian law and you irrevocably agree that
the courts of Brussels will have exclusive jurisdiction over any dispute arise out of or in connection with these
Terms and Conditions and our Website. However, you shall use our Services in a manner consistent with any and all
applicable local, state, national and international laws and regulations.
You agree that you are restricted from using the Services participating if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity). If you decide to use the Services, you warrant to Us that by such use you will not violate, or cause Us to violate, the laws of your country.
Representations and Warranties
You hereby represent and warrant to Us that:
- you have the full power and authority to enter into and perform under these Terms;
- your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party;
- you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other Users of our Services;
- you own or otherwise have all rights
Disclaimer of Warranties
When you use our Services, you do so at your sole risk. Our Services are provided on an 'as is' and 'as available'
basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including,
without limitation, implied warranties of merchantability and non-infringement.
We do not warrant that:
- our Services will meet your requirements;
- our Services will be uninterrupted, timely, secure, or error-free;
- any information that you may obtain through our Services will be accurate or reliable;
- the quality of any products, services, information or other material purchased or obtained by you through our Services will meet your expectations;
- any information you provide or we collect will not be disclosed to third parties;
- any errors in any data or software will be corrected.
No data, information or advice obtained by you in oral or written form from Us or through or from our Services will create any warranty not expressly stated in these terms.
Limits on Liability
We shall not be liable for damages of any kind (including, but not limited to any direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to:
- the use or inability to use our Services;
- the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our Services;
- disclosure of, unauthorized access to or alteration of your content;
- damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages;
- statements, conduct or omissions of any service providers or other third party on our Services;
- your or anyone else's conduct or acts in connection with the use of the services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communications or meetings with other registered Users of our Services or persons introduced to you by our Services, whether on-line or off-line;
- any other matter arising from, relating to or connected with our Services or these terms.
In no event will our aggregate liability to you or any third party in any matter arising from or relating to with our Services or these terms exceed the sum of one hundred euros (€100).
These Terms shall be interpreted in accordance with the laws of Belgium without regard to conflict-of-law
principles. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings,
between the parties regarding their subject matter. Our failure or delay in exercising any right, power or
privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of
these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall
remain in full force and effect. We may assign our agreement with you.
Please Contact Us with any questions regarding these Terms and Conditions.
Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms and Conditions.