Updated: August 8, 2008
Terms of Service
Spam Policy
Refund Policy


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TERMS OF SERVICE
GotAccess Terms of Service
1.  ACCEPTANCE OF TERMS
GotAccess provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time here. In addition, when using particular GotAccess owned or operated services, you and GotAccess shall be subject to any posted guidelines or rules applicable to such services, which may be posted here from time to time. All such guidelines or rules (including but not limited to the Spam Policy and Refund Policy) are hereby incorporated by reference into the TOS.
2.  DESCRIPTION OF SERVICE
GotAccess provides users with access to a rich collection of resources, including various communications tools, forums, shopping services and personalized content through its network of properties which may be accessed through any various medium or devices now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for GotAccess to provide the Service. You also understand and agree that the Service may include certain communications from GotAccess, such as service announcements, administrative messages, recommendations of other members' profiles or Clubs, and that these communications are considered part of GotAccess membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that GotAccess assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that GotAccess or other users may create certain areas on the Service that may contain adult or mature content. You must be at least 18 years of age to access and view such areas. Additionally, certain other age restrictions may apply due to your jurisdiction or due to the nature of the content.
3.  YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GotAccess has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GotAccess has the right to suspend or terminate your account and refuse any and all current or future use of the Service. GotAccess is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 should not allow their children to use the service. Persons between 13 and 17 who wish to use the Service should obtain the permission of a parent or legal guardian. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child. A parent or legal guardian of a person between the ages of 13 and 17 may contact Got Access at parent@GotAccess.com for access to said content of underage user in your custody.
4.  GOTACCESS PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by GotAccess and its affiliates for purposes disclosed and permitted under the Privacy Policy. We do want you to understand that your content is YOUR CONTENT and what happens on Got Access stays on Got Access. We are not nor will we ever be in the business of selling your content or data!
5.  MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and username upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and username and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GotAccess of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GotAccess cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6.  MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, comments, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not GotAccess, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. GotAccess does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GotAccess be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  • a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • b. harm minors in any way;
  • c. impersonate any person or entity, including, but not limited to, a GotAccess official, club leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as clubs) that are designated for such purpose. (refer to our complete Spam Policy). If we suspend or remove your profile because of this spam policy, or for any other reason, you agree that you (1) are not entitled to any refund of membership subscriptions paid, and (2) you forfeit any amounts due to you but not yet paid for subscriptions to access levels in paying clubs that you created and manage, and (3) members who paid subscriptions for access to paying levels in paying clubs that you created and manage are entitled to a refund FROM YOU for all subscriptions that have paid, and that GotAccess may reveal your contact information to them or their legal advisors to assist them in collecting their refunds. For those who comply with our policies, we take your privacy seriously. Those who abuse our platform and diminish the experience of others by non-compliance with our Terms of Service and our Spam Policy will find that we will do everything we can to assist those harmed, and that we will be unsympathetic to any assertion of privacy rights to shield the non-complying member from recourse by those harmed by the non-complying member. Use of the platform constitutes your acceptance of our Spam Policy and your specific acceptance of the consequences of a breach by you of the policy;
  • h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • m. "stalk" or otherwise harass another; and/or
  • n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that GotAccess may or may not pre-screen Content, but that GotAccess shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, GotAccess and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable at the sole discretion of GotAccess. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GotAccess or submitted to GotAccess, including without limitation information in all parts of the Service.

You acknowledge, consent and agree that GotAccess may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GotAccess, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by GotAccess and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7.  INTERSTATE NATURE OF COMMUNICATIONS ON GOTACCESS NETWORK
When you register with GotAccess, you acknowledge that in using GotAccess services to send electronic communications (including but not limited to email, search queries, sending messages to GotAccess Clubs, uploading photos and files to GotAccess, and other Internet activities), you will be causing communications to be sent through GotAccess' computer networks, portions of which are located in California, but which may, without notice, be located at other locations in the United States and / or abroad. As a result, and also as a result of GotAccess' network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions. GotAccess will allow you and the people with whom you communicate to save your communications in your GotAccess accounts located on GotAccess servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save communications with you in their account on GotAccess too. Your agreement to this TOS constitutes your consent to allow GotAccess to store these communications on its servers. From time to time GotAccess will send you notices through the GotAccess servers to let you know about important changes to the GotAccess Services. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

8.  SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9.  CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
GotAccess does not claim ownership of Content you submit or make available for inclusion on the Service. You fully control the manner in which your Content is displayed and to whom it is disclosed. With this control comes the responsibility to maintain access controls you deem appropriate. GotAccess has no responsibility in this regard. GotAccess will not disclose any of your Content without your consent. GotAccess may use your Content to provide a better experience for you in your use of the Service. We also want to remind you that What Happens on Got Access Stays on Got Access and the content is All Yours!

10.  CONTRIBUTIONS TO GOTACCESS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to GotAccess through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) GotAccess is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) GotAccess shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) GotAccess may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of GotAccess without any obligation of GotAccess to you; and (f) you are not entitled to any compensation or reimbursement of any kind from GotAccess under any circumstances.

11.  INDEMNITY
You agree to indemnify and hold GotAccess and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

12.  NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your GotAccess ID), use of the Service, or access to the Service.

13.  GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GotAccess may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GotAccess' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GotAccess has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that GotAccess reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GotAccess reserves the right to modify these general practices and limits from time to time.

14.  MODIFICATIONS TO SERVICE
GotAccess reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GotAccess shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15.  TERMINATION
You agree that GotAccess may, under certain circumstances and without prior notice, immediately terminate your GotAccess account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your GotAccess account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in GotAccess's sole discretion and that GotAccess shall not be liable to you or any third party for any termination of your account or access to the Service.

16.  DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or Club owners found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or Club owner. You agree that GotAccess shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

17.  LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GotAccess has no control over such sites and resources, you acknowledge and agree that GotAccess is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GotAccess shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

18.  GOTACCESS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by GotAccess or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. GotAccess grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GotAccess for use in accessing the Service.

19.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOTACCESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
  • b. GOTACCESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOTACCESS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  • e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20.  LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOTACCESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOTACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

21.  EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

22.  SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. GotAccess and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

23.  NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

24.  NOTICE
GotAccess may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.

25.  TRADEMARK INFORMATION
The GotAccess logo, trademarks and service marks and other GotAccess logos and product and service names are trademarks of GotAccess Inc. (the "GotAccess Marks"). Without GotAccess' prior permission, you agree not to display or use in any manner the GotAccess Marks.

26.  NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
GotAccess respects the intellectual property of others, and we ask our users to do the same. GotAccess may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GotAccess' Copyright Agent the following information:

  • a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • c. a description of where the material that you claim is infringing is located on the site;
  • d. your address, telephone number, and email address;
  • e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
There may be serious consequences for you if you make an unsupportable assertion with respect to intellectual property. GotAccess may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who abuse this process. GotAccess' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
GotAccess Inc.
7486 La Jolla Blvd, Suite 288
La Jolla, CA 92037

By email: copyright@gotaccess.com

27.  GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and GotAccess and governs your use of the Service, superseding any prior agreements between you and GotAccess with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GotAccess services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and GotAccess shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and GotAccess agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. Waiver and Severability of Terms. The failure of GotAccess to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your GotAccess account is non-transferable and any rights to your GotAccess ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

28.  VIOLATIONS
Please report any violations of the TOS to our Compliance group at compliance@gotaccess.com.


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SPAM POLICY
On GotAccess, spamming will not be tolerated. If you are in doubt about whether a message or post is spam, then it probably is. Our system recommends profiles and clubs to members based on information provided by members about their interests, and based on information and content posted by members on their profile. While you may also search for contacts and send access requests to members with whom you believe you share a common interest, accepting an access request does not represent consent to receive spam. Communication between members should be polite, respectful, and appropriate. Any member may block access to another member at any time . Solicitation of business or presentation of opportunities via communication between members is not permitted; clubs are the appropriate forums for such matters. When members join clubs, they are opting-in to receive communications from these clubs. Such communications may be commercial in nature. A member may leave a club at any time. In general, a member should deal with personal communications which appear to be spam by reporting the suspected spam and by blocking the member sending the communication. A member should deal with club communications which appear to be spam by leaving the club in question and reporting the suspected spamming.

GotAccess has the right, but not the obligation, to monitor activities on the GotAccess platform and may do so for spamming activity and objectionable content. GotAccess will also investigate any reported instances of suspected spamming.

Members who engage in spamming will have their profile suspended on the platform. Suspension of a profile automatically suspends any clubs started by the owner of the profile. Suspension means the owner of the profile forfeits any rights to monetization of content or e-commerce activities during the suspension, and forfeits any amounts still owed including, but not limited to, club membership subscriptions, ad revenue share, and affiliate program benefits. GotAccess, in its sole discretion, may opt to give a warning before suspending a member's profile but is under no obligation to do so.

GotAccess also reserves the right to completely remove a profile and any associated clubs and to ban forever members who abuse spamming policies. If we suspend or remove your profile because of this spam policy, or for any other reason, you agree that you (1) are not entitled to any refund of membership subscriptions paid, and (2) you forfeit any amounts due to you but not yet paid for subscriptions to access levels in paying clubs that you created and manage, and (3) members who paid subscriptions for access to paying levels in paying clubs that you created and manage are entitled to a refund FROM YOU for all subscriptions that have paid, and that GotAccess may reveal your contact information to them or their legal advisors to assist them in collecting their refunds. For those who comply with our policies, we take your privacy seriously. Those who abuse our platform and diminish the experience of others by non-compliance with our Terms of Service and our Spam Policy will find that we will do everything we can to assist those harmed, and that we will be unsympathetic to any assertion of privacy rights to shield the non-complying member from recourse by those harmed by the non-complying member. Use of the platform constitutes your acceptance of our Spam Policy and your specific acceptance of the consequences of a breach by you of the policy. All decisions by GotAccess Compliance Unit are final, and not subject to appeal. We will exercise due care in our evaluations, and will entertain no discussion once we have made a determination. Membership on the GotAccess platform is a privilege, not a right. YOU HAVE BEEN WARNED!!


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REFUND POLICY
On GotAccess, standard membership is always free. If you wish to upgrade your membership, join paying clubs, or enable a Cart pod, you must provide us with a valid payment method, and you must agree to allow us to store (in a secure manner) that information for monthly billing. Note, our recurring billings take place on the first of each month. If you upgrade your membership or join a club on any day other than the first of a particular month, you will be charged for the remainder of the current month and the entire following month, in order to align your recurring billing to the first of the month. For example, if you upgrade your membership, join a club, or add a Cart pod on August 15, 2008, you will be charged immediately with the balance of August 2008 on a pro-rata basis AND for September 2008. Your first recurring charge will take place on October 1, 2008 and on the first of every month thereafter, unless you elect to cancel your upgraded membership, or club subscription, or Cart pod.

There are no refunds permitted. In the above example, should you decide to cancel a particular item on September 15, 2008, you would remain at the membership level you are canceling, remain at the club membership level, or retain the Cart pod until September 30, 2008, but would not be charged for the recurring charges on October 1, 2008. Exercise caution, and understand what you are signing up for. THERE WILL BE NO EXCEPTIONS TO THE REFUND POLICY, AND YOU ARE EXPRESSELY AGREEING THAT YOU WILL NOT ATTEMPT TO CHARGE BACK CREDIT / DEBIT CARD CHARGES FOR MEMBERSHIP LEVEL, CLUB SUBSCRIPTION, OR CART FUNCTIONALITY.

If a Club to which you are subscribed becomes dormant or inactive, you must notify GotAccess immediately. You will not be responsible for any subscriptions beyond the date you notify us, if, in our sole discretion, we determine that the Club has indeed become dormant or inactive. In no event are you entitled to a refund for subscriptions prior to the date of your notification to us. Only notifications received via our internal systems, via the "Report this Club" mechanism will be effective.

Members who operate Cart or Shopping pods may offer products and services for sale. In the event that you chose to purchase from them, please understand that is a transaction between a buyer (you) and a seller (the GotAccess member operating the Cart or Shopping pod). These transactions take place on the GotAccess platform, but GotAccess is NOT a party to the transactions, and any charges you incur are being incurred via the seller's payment processing system, which is not operated by GotAccess. Sellers are required to clearly state their refund policy and are also required to comply with any regulations with respect to refunds and returns which are in effect in their jurisdiction. Once again, understand that GotAccess is NOT a party to these transactions and you must address any issues with the seller. If we become aware of any sellers who are receiving excessive complaints from buyers, we reserve the right to withdraw their selling privileges or suspend or terminate their membership. In those circumstances there is no entitlement to any refund for subscriptions paid to GotAccess.


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