Consent*
Welcome to the I Got Somebody website together with any materials and services available therein, and successor site(s) thereto (referred to as the “Site”), which is operated by [insert business name] and its subsidiaries (“I Got Somebody” or “we” or “us”).
These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Site and constitute a legally binding contract between you and I Got Somebody. These Terms incorporate any additional terms and conditions posted by I Got Somebody through the Site, or otherwise made available to you by I Got Somebody.
PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITE.
We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.
1. ELIGIBILITY
By using the Site, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.
2. LICENSE
Subject to and conditioned on your compliance with these Terms, I Got Somebody grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and non-commercial use.
The Site, including all content, information, and materials incorporated into or made available through the Site, are the exclusive property of I Got Somebody or its suppliers, and is protected by statutory law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of I Got Somebody or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.
3. ACCOUNT
Registration
To use and enjoy the services we provide, we require you to register an account with us at no cost. Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
Communication
Any communication between Users of our site shall be made exclusively through the I Got Somebody platform. You agree not to independently attempt to contact any User through an alternative means outside I Got Somebody platform.
Payment
Any successful transactions achieved through our Site between Users will be subject to deduction of a commission due and owed to I Got Somebody. You will be required to provide a valid billing information to receive payments. You will also be required to update your billing information. You are responsible for maintaining the accuracy of information we have on file, and you consent to I Got Somebody updating such stored information from time to time based on information provided by you. You will only provide to us information about payment methods that you are authorized to use for transactions between Users.
General Data Entry Terms
By submitting your comments and/or data (the "User Information"), you hereby grant I Got Somebody a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, by any means, in entirety or a portion of, of your User Information.
You acknowledge and accept that I Got Somebody will share the User Information with third parties for I Got Somebody’s business purposes, including but not limited to I Got Somebody’s business clients, advisors, agents, and consultants. I Got Somebody will not sell your User Information to any third party for marketing purposes.
4. USER SUBMISSIONS
For clarity, you retain ownership of your submitted content, including comments and feedback. You hereby grant I Got Somebody a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submissions, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Submissions, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place I Got Somebody under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
I Got Somebody may (but has no obligation to) screen, monitor, evaluate and remove any Submissions at any time and for any reason, or analyse your access to and use of the Site.
5. PRIVACY
By accessing our Site, you agree to providing us with your personal data. By participating, you acknowledge and agree with providing us with your personal data. All data processing will be in accordance with General Data Protection Regulations (GDPR).
You will be asked to provide a username which will be displayed publicly. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the application. If we learn that personal information from users less than 18 years of age has been collected without the consent of a legal guardian, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18 without the relevant consent, please contact us.
By accessing our Site you grant us your consent to process your personal information. You have the right to withdraw your consent at any time by contacting us. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:
http://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm
Account Information
You may at any time review or change the information in your account or terminate your account by:
Logging into your account settings and updating your account
Contacting us using the contact information provided below
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
Cookies
Cookies are small files placed in your computer’s browser to store your preferences. We assign a different cookie to each device that accesses our Site.
We use cookies to recognise your device and provide you with a personalised experience. Most web browsers automatically accept cookies, but, if you wish, you can set your browser to prevent it from accepting cookies. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. The cookies we use do not detect any information stored on your computers.
Data Security
We use various safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
6. RULES OF CONDUCT
In connection with the Site, you agree NOT to:
Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Insert or permit to be inserted, any malicious or harmful software into the Site, including but not limited to any software designed to (a) make unauthorized changes to or cause damage to the Site or Third Party Materials as defined below; (b) copy, provide unauthorized access to, or prevent authorized access to the Site; or (c) prevent detection of any unauthorized invasion of the Site (“Malware”).
Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Site.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Site.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein.
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Site.
Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.
Systematically download and store Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without I Got Somebody’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, I Got Somebody grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. I Got Somebody reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
7. THIRD PARTY MATERIALS
The Site may make available or provide links to third party website, content, services, or information (“Third Party Materials”). I Got Somebody does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless I Got Somebody, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Site (including any Submissions), or your violation or alleged violation of these Terms. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement, without I Got Somebody’s prior written consent. This indemnity obligation shall survive the termination of this Agreement
9. DISCLAIMER
THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND I GOT SOMEBODY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site are or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site.
Further, without limiting the foregoing, I Got Somebody (a) does not guarantee success of any transaction between users or the service, quality of service, delivery or quality of delivery of any service by any User or any third-party affiliated or recommended by any User. You must use your own judgment in evaluating any prospective referrals and any Third-Party Materials. Any decision made by the User shall be the sole responsibility of the User regardless of outcome.
10. LIMITATION OF LIABILITY
YOU AGREE I GOT SOMEBODY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF Submissions (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY Submissions), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE I GOT SOMEBODY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF I GOT SOMEBODY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
11. TERMINATION
I Got Somebody may terminate or suspend your access to the Site at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Site will immediately cease; (b) I Got Somebody may immediately deactivate or delete your user name, password and account; (c) I Got Somebody will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submissions), and may retain or delete such materials in I Got Somebody’s sole discretion; and (d) except for the license granted to you to access and use the Site, the remaining provisions of these Terms will survive and continue in effect.
12. GOVERNING LAW; JURISDICTION
These Terms are governed by, and will be construed in accordance with, the laws of the state of New Jersey.
13. GENERAL
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and I Got Somebody. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and I Got Somebody relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and I Got Somebody relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. I Got Somebody will not be responsible for any failure to fulfil any obligation due to any cause beyond its control.
Payments Through the Site
You agree to pay all requisite fees and charges to I Got Somebody without fail. You will pay all invoice amounts through the Site or such means provided by the site (each such payment, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your PayPal email address, your bank information routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Verification of information may be required prior to the acknowledgment or completion of any Transaction. I Got Somebody or our agents may call or contact you regarding your account or your Transactions. You agree that we may place such calls or contact you relating to the Transaction.
14. SEPARATE PARTY
I Got Somebody is an independent service provider. I Got Somebody is not affiliated with any User. Our sole obligation remains to provide a service to facilitate the meeting of Users. I Got Somebody is not a party to any agreement or engagement entered into by the User and shall not be responsible for performance of any agreement or engagement.
The User shall be solely responsible for vetting and verifying the authenticity of referrals recommended by Users. I Got Somebody shall not be held responsible for the choices made by the User relating to referrals.
15. CONFIDENTIALITY
You agree that by using the Site, you may only communicate through the I Got Somebody platform. I Got Somebody will not be liable for any acts or omissions causing any injury, damage or loss, related to any communication and agreements between Users that occurs outside of I Got Somebody platform.
16. ACCOUNT SECURITY
You are responsible for the security of your password and for any use of your account of the System. You shall promptly notify I Got Somebody of any unauthorized use of your password or account.
17. CONTACT US
If you have any questions or complaints about the Terms, or if you would like to update any personal information you have provided to us, please contact the us at the email address below.
info@igotsomebody.com
