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Terms of Service
1. ACCEPTANCE OF TERMS OF SERVICE: The services offered at www.getogeto.com ("Getogeto"), are provided to you under the terms and conditions of the following Terms of Service ("TOS"), and any operating rules or policies that may be published by Getogeto at the URL: www.getogeto.com (the "Service"). The TOS comprises the entire agreement between you and Getogeto and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING GETOGETO, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Getogeto as long as you adhere to these Terms of Service.

2. SERVICES VOID WHERE PROHIBITED: Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

3. YOUR REGISTRATION OBLIGATIONS:
a. REGISTRATION You are required to register with Getogeto if you want to send an Getogeto invitation to a private gathering (see Private Gathering below), view personal/group gathering calendar, post a message, upload a photo, and view and edit your profile. In order to register with Getogeto you must supply a valid email address, which will be used as a unique identifier for your account, and a password.
b. PHOTO GUIDELINES. When you set up your profile, you will have the opportunity of posting a current photograph of yourself. The photograph should be of you and should be current. We will accept photographs which show yourself plus another adult person (spouse, family member, etc.) and/or your children. Your face should be clearly visible in the photo. We will also accept a graphic containing a logo, provided that you are the copyright owner. Photographs may not contain images of children alone, cartoons, comics, celebrities, nudity, artwork, obscene or otherwise inappropriate images (as determined in Getogeto's sole discretion). Photographs containing only animals are not appropriate, but you may supply a photograph of yourself together with your pet. For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to Getogeto are subject to review and, if deemed by Getogeto to violate this TOS, removal. Offensive content is not permitted in any form. By posting a photograph you warrant and represent that you own all right, title and interest to that photograph and to all images and likenesses contained in that photograph and you authorize Getogeto to distribute that photograph as part of the Getogeto Service. If you see any photographs on Getogeto that do not conform to this policy, please notify us by emailing us at admin@getogeto.com.

4. DESCRIPTION OF SERVICE: Getogeto provides Users with a variety of online services, including but not limited to:
a. CREATE AND HOST PRIVATE GATHERINGS. A private event is a private social gathering or get-together hosted and attended by a group of people in the same social network (friends, family and/ or associates). If you want to send an Getogeto invitation to a private gathering, you must be registered with Getogeto (see Registration above). In addition, you have to provide information of the gathering you have created such as gathering name, date-time, venue and the invitee’s email.
b. CONTACT LIST. Your contact list consists of contact information such as nickname and email address you have added yourself.
c. PHOTO ALBUM. You may also create gathering photo albums and group photo album through the service.

5. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE GATHERING IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY GATHERING MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE A GATHERING AT ANY TIME FOR ANY REASON. BY USING GETOGETO YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY GATHERING OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. GETOGETO HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING GETOGETO, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE GATHERING. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVEAND DISCHARGE ALL CLAIMS, RELEASE GETOGETO FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS GETOGETO, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY GATHERINGS. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE GATHERINGS.

6. CONTENT: You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, reviews, photos or images posted by you or posted to your profile and information, photos, images, sound files or other Content posted by you in a gathering. All Content posted by you, is your sole responsibility. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. Getogeto does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Getogeto Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Getogeto be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. Subject to the terms of Getogeto's Privacy Policy, you agree if you post any Content on the Getogeto Service, you grant to Getogeto, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom Getogeto has a relationship. You also grant Getogeto the right to authorize the downloading and printing in whole or in part of any Content that you post to the Getogeto Service.
Notwithstanding the foregoing, to the extent that any Content contains creative suggestions, recommendations, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

7. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Getogeto Service without your permission or in any way that constitutes copyright infringement, please provide Getogeto with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Getogeto Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership.

8. NO "SPAMMING": You must not use any feature of the Getogeto Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Getogeto. If you use any feature of the Getogeto Service for the purpose of sending Spam, Getogeto reserves the right to immediately terminate your access to the Getogeto Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Getogeto Service for Spam, please notify Getogeto using the Customer Support Form, by flagging any posting that appears to be Spam for Getogeto's review, or by emailing Getogeto at admin@Getogeto.com PLEASE NOTE that by posting a gathering you are consenting to receive, and authorizing Getogeto to forward to you, emails from other users. Such messages are not included in the above definition of Spam.

9. NOTICES: Getogeto may give notice to you by e-mail, a posting on the Getogeto web site, or other reasonable means. You must give notice to Getogeto in writing via e-mail or as otherwise expressly provided by Getogeto. Getogeto may broadcast, distribute or display notices or messages through the Getogeto Service to inform you of changes to the TOS, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

10. PRIVACY POLICY: It is Getogeto's policy to respect the privacy of its users. Getogeto's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Getogeto collect from you and how that information is used is governed by the Getogeto Privacy Policy, which you can access here: Privacy Policy

11. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your My Home Page. You may also set up a new account at your convenience. You agree to notify Getogeto immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Getogeto of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until Getogeto is notified by email of a breach in security, you will remain liable for any unauthorized use of the Getogeto Service through your account. In consideration for using the Getogeto Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration is inaccurate, Getogeto reserves the right to terminate your account immediately and your right to use the Getogeto Service.

12. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the Getogeto Service is personal to you. You agree not to resell or make any commercial use of the Getogeto Service without the express consent of Getogeto. You may not create bots or other computer generated automatic tools to create events, nor abuse the Getogeto Service in any manner. Use that constitutes abuse shall be determined by Getogeto in its sole discretion. Getogeto reserves the right to terminate your account if Getogeto determines you have not complied with this TOS.

13. USER CONDUCT: Getogeto reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Getogeto Service. Your use of the Getogeto Service is subject to all applicable local, state, national and international laws and regulations.

In using the Getogeto Service you agree not to:

*Use the Getogeto Service for illegal purposes;

*Interfere or disrupt networks connected to the Getogeto Service or violate the regulations, policies or procedures of such networks;

*Use the Getogeto Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);

*Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;

*Transmit through the Getogeto Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;

*Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Getogeto Service;

*Transmit through the Getogeto Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

*Interfere with another User's use and enjoyment of the Getogeto Service;

*Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;

*Create a false identity for the purpose of misleading others as to your identity or the origin of a message;

*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Getogeto Service any directory of Getogeto's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this TOS;

*Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

*Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or

*Engage in any other conduct which, in Getogeto's sole discretion, is considered inappropriate, unauthorized or objectionable.

14. INDEMNIFICATION: You agree to indemnify and hold Getogeto, its parent company, subsidiaries, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Getogeto Service, the violation of this TOS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

15. TERMINATION: You may terminate your participation in the Getogeto Service with or without cause at any time and effective immediately. Getogeto may terminate the Getogeto Service or your use of the Service with or without cause at any time and effective immediately, at Getogeto's sole discretion, including but not limited to immediate termination of your use of the Getogeto Service should your conduct fail to conform to the terms and conditions of this TOS. Getogeto shall not be liable to you or any third party for termination of the Getogeto Service or termination of your use of the Getogeto Service. Should you object to any terms and conditions of the TOS or any subsequent modifications Getogeto makes to the TOS or become dissatisfied with the Getogeto Service in any way, your only recourse is to immediately: (1) discontinue use of the Getogeto Service; and (2) notify Getogeto of your termination and, at your discretion, notify Getogeto of the reasons for your termination. Upon termination of your use of the Getogeto Service, your right to use the Getogeto Service shall cease immediately. You shall have no right and Getogeto will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf.

16. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: Getogeto shall not be liable for your interactions with any organizations and/or individuals found on or through the Getogeto Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Getogeto is under no obligation to become involved in disputes between participants on the Getogeto Service, or between participants on the Getogeto Service and any third party.

17. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links included within the Getogeto Service that take you out of the Getogeto Service are not under Getogeto's control and Getogeto shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.

18. VIOLATION OF TERMS BY OTHER USERS: Getogeto asks that you participate in ensuring that all Users follow the terms of this TOS by reporting any Getogeto invitations or other postings or messages that violate these terms. To report a violation of this TOS, please email us at admin@Getogeto.com.

19. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE GETOGETO SERVICE IS AT YOUR SOLE RISK. THE GETOGETO SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GETOGETO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GETOGETO MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GETOGETO MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT GETOGETO DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO GETOGETO FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. GETOGETO ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE GETOGETO SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE GETOGETO SERVICE. GETOGETO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GETOGETO OR THROUGH THE GETOGETO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

20. LIMITATION OF LIABILITY: GETOGETO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GETOGETO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH GETOGETO OR A THIRD PARTY THROUGH THE USE OF THE GETOGETO SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT GETOGETO IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE GETOGETO SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

21. GENERAL PROVISIONS: This TOS shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that Getogeto, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this TOS through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Getogeto's failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Getogeto in writing. User and Getogeto agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this TOS are solely used for the convenience of the parties and have no legal or contractual significance.

22. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: Getogeto reserves the right to modify or discontinue the Getogeto Service with or without notice to you. Getogeto shall not be liable to you if Getogeto modifies or discontinues its Service. Getogeto may change the terms and conditions of the TOS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this TOS, Getogeto may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new TOS on the Getogeto Service. By using the Getogeto Service after any change in the TOS you acknowledge and accept changes to the TOS.

LAST REVISED ON: April 12th, 2007