Last updated: September 21, 2015
Although these Terms form a proper legal contract—and inevitably read like a proper legal contract—the bulk of them are simply designed to ensure our users have relevant and efficient tools. These Terms let us provide and continue to improve our Services.
TOG is intended for people who are at least 18 years old. Persons under the age of 18 are prohibited from creating TOG accounts.
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one TOG account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
The Services consist of interactive features and areas that allow users to consult, receive, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that TOG is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to TOG, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"), subject to any privacy settings you have set to control who can see your User Content. Without limiting the foregoing, when you submit User Content to TOG in connection with Our Stories and other crowd-sourced Stories, you agree that the User Content License accords TOG the right to sublicense such User Content to other organizations or companies in any and all media or distribution methods, now known or later developed. No use of User Content, including without limitation, Our Stories and other crowd-sourced Stories, in accordance with the User Content License shall entitle you to any compensation from TOG, or any other organizations or companies.
You agree that any feedback, suggestions, ideas, or other information or materials regarding TOG or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of TOG. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "TOG Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of TOG Content may violate such laws and these Terms. Except as expressly provided in these Terms, TOG does not grant any express or implied rights to use TOG Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, TOG Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and TOG Content. This license is revocable at any time. This license is subject to these Terms and does not include:
- The distribution, public performance, or public display of TOG Content;
- Modifying or otherwise making any derivative uses of the Services or TOG Content, or any portion thereof;
- Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
- Downloading (other than page caching) any portion of the Services, TOG Content, or any information contained therein, except as expressly permitted on the Services;
- Accessing the TOG API with an unauthorized or third-party client; and
- Any use of the Services or TOG Content other than for their intended purposes.
Any use of the Services or TOG Content other than as specifically authorized in these Terms, without the prior written permission of TOG, is strictly prohibited and will terminate the license to use TOG granted in these Terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Compromise the security of the Services;
- Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
- Use or attempt to use another user’s account without authorization;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
- Engage in any harassing, intimidating, predatory, or stalking conduct;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your TOG account, a TOG username, or a friend link without TOG’s prior written consent;
- Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply to the Services or when posting reviews of TOG, including the iTunes App Store Terms of Service or the Android Market Terms of Service. Posting TOG usernames in app store reviews is strictly prohibited and may result in us deleting your TOG account.
Arbitration notice : you agree that disputes between you and TOG will be resolved by mandatory binding arbitration.
After opening a TOG account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the TOG API. If you use any such application or client, you acknowledge and agree that TOG will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
TOG respects the intellectual property rights of others. We strive to expeditiously remove any infringing material from our site. If TOG becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:
THE SERVICES AND THE TOG CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE TOG ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
Note to International Users
The Services are hosted in the European Union. If you are a user accessing the Services from the United States, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from European Union laws, please be advised that through your continued use of the Services, which are governed by E.U. law, you are transferring your personal information to the European Union and you consent to that transfer.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless TOG, our members and volunteers (the "TOG Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
2) Limitation of Liability
Except where prohibited by law, in no event will TOG or the TOG Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if TOG has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against TOG for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, TOG is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, TOG’s liability shall in no event exceed € 1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.