Terms of Service

Date of Last Revision: September 6, 2007

Welcome to GroupOfSM, a social utility website (the "Site") that allows you to connect with and manage your groups, plan events, and connect with colleagues and classmates.

The GroupOf Services and network (collectively, the "Services") are operated by BBN Technologies Corp. (the "Company"). By using the Service, you agree to be bound by these Terms of Service (the "Terms") that govern the use and rules of the Service. This constitutes a legally binding agreement between you and the Company.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Registration and Your Eligibility

Membership in the Services is void where prohibited. The Services are only intended for use by users who are 18 or older and any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Services, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement. In addition, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration process. The Company has the right to deny or revoke your registration or deny you access to the Site in the event that your information is untrue or inaccurate.

Proprietary Rights

  1. GroupOf does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Services. After posting your Content to the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to GroupOf.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Services. The license you grant to GroupOf.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to GroupOf.com), fully-paid and royalty-free (meaning that GroupOf.com is not required to pay you for the use on the Services of the Content that you post), sublicensable (so that GroupOf.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). This license will terminate at the time you remove your Content from the Services. Once you remove your Content from the Services, copies of Content may remain viewable in cached and archived pages or if other Users have copied or stored your Content. GroupOf is not responsible for any such cached or archived Content.
  2. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
  3. The Services contain Content of Users and other GroupOf licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

Content Posted

  1. GroupOf may delete any Content that, in the sole judgment of GroupOf, violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. GroupOf assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time GroupOf chooses, in its sole discretion, to monitor the Services, GroupOf nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  2. You are solely responsible for the Content that you post on or through any of the Services, for any material or information that you transmit to other Members and for your interactions with other Users. GroupOf does not endorse and has no control over the Content. Content is not necessarily reviewed by GroupOf prior to posting and does not necessarily reflect the opinions or policies of GroupOf. GroupOf makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.

Your Password

During the registration process we may ask you for one or more email addresses ("Login Name(s)") which belong to you. We will also ask you to create a password. Because any activities that occur under your Login Name(s) or password are your responsibility it is important for you to keep your Login Name(s) and password secure. Notify us immediately if you believe that someone has used your Login Name(s) or password without your authorization. ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU.

LIMITED NON-COMMERCIAL LICENSE TO USE SITE

The Company hereby grants you the limited right to view and use the Site only for the purposes of accessing information for non-commercial use. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to the Company. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from the Company, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Services for any commercial purpose.

The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:

  • You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not the Company, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.
  • You shall not create a user name or screen name which is, or upload to, distribute through or otherwise publish through the Site any Materials which are, indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
  • Your Materials, user name and/or screen name shall not disparage in any manner the Company, its Licensors, or their Services, products, or services and sites.
  • We care deeply about the quality of Services we provide to our members. To this end, we require that you respect all of our members. This includes, but is not limited to:
    • not to SPAMMING any members
    • not posting irrelevant content on any part of the Site.
  • Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
  • You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Site. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
  • You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

PROHIBITED ACTIVITIES

The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Services. GroupOf.com reserves the right to investigate and take appropriate legal action against anyone who, in GroupOf's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Members without their prior explicit consent. In order to protect our Members from such advertising or solicitation, GroupOf reserves the right to restrict the number of emails, notes and messages which a Member may send to other Members in any 24-hour period to a number which GroupOf deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, messages, notes, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to GroupOf.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay the Company $50 for each such unsolicited email or other unsolicited communication you send through the Services;
  • covering or obscuring the advertisements on your personal profile page, or any GroupOf.com page via HTML/CSS or any other means;
  • interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  • attempting to impersonate another Member or person;

  • using any information obtained from the Services in order to harass, abuse, or harm another person; or
  • using the Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of GroupOf to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to GroupOf by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. GroupOf's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, GroupOf, 10 Moulton St., Cambridge, MA 02138; and email: copyrightagent@groupof.com.

PRIVACY POLICY

The Company respects your right to privacy and understands that visitors to Company need to be in control of their personal information. To that end Company has developed a Privacy Policy, and you should review it carefully before using the Site. Your use of the Site is your consent to the Privacy Policy.

INDEMNITY

You agree to indemnify and hold the Company, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.

DISCLAIMER OF WARRANTIES

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND THE COMPANY, THE SITE AND SERVICES OFFERED AT OR THROUGH THE SITE, AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. THE COMPANY, HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, SERVICES, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, SERVICES, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ADDITION, THE COMPANY, DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, SERVICES, AND RELATED INFORMATION.

ASSUMPTION OF RISKS

YOU AGREE TO ASSUME ALL RISKS THAT THE SITE, SERVICES, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN EMAIL EXCHANGES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT THE COMPANY, SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE COMPANY, NOR ANY OF THE COMPANY'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, SERVICES OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM SERVICES OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant for the benefit of the Company, the Company's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from losses, costs, damages and expenses arising out of breaches of (a) through (h).

LINKS; ADVERTISERS

The Site contains links to third party sites that are not under the control of the Company and the Company is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Company provides links only as a convenience and the inclusion of the link does not imply that Company endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

INTERNATIONAL USAGE

This Site is controlled and operated by the Company from its offices within the United States of America. The Company makes no representation that the Site, the Services, or related information offered by the Company are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND SERVICES

If you violate these Terms, the Company may terminate or cancel your access rights to the Site and/or Services immediately without notice. The Company may also block your use of the Site and/or Services or direct you to cease using it. The Company reserves the right at any time to modify or discontinue the Site, the Service, or any part thereof and you agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, the Service, or any part thereof.

EXCLUSIVE JURISDICTION

These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Site shall be litigated or otherwise heard in the appropriate forum in Middlesex County, Massachusetts. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Middlesex County, California, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to Services of process by any means authorized by Massachusetts law.

ENTIRE AGREEMENT

These Terms, as amended, your registration forms, and the disclosures provided by the Company and the consents provided by you, constitute the entire agreement between you and the Company. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches.

AMENDMENTS

You agree that the Company may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from the Company to you as published through the Site or by email. Any use of the Site by you after such updating and notification shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or the Services after that date. No other amendments will be valid unless they are in a paper writing signed by the Company and by you.

California Contact Information Disclosure. The Company's name and street address is BBN Technologies Corp, GroupOf, 10 Moulton St., Cambridge, MA 02138. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Sites of the Department of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.


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