GLOBAL ALERT NETWORK, INC.
Effective January 1, 2012
DO NOT INTERACT WITH YOUR MOBILE DEVICE WHILE DRIVING.
The GAN Services deliver content via (i) mobile carrier networks through its data channel, text messaging, and proprietary communication channels and (ii) through other proprietary communication channels. YOU MAY INCUR DATA CHARGES AND TEXT MESSAGING CHARGES THROUGH YOUR USE OF GAN SERVICES. GAN RECOMMENDS THAT ALL SUBSCRIBERS HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN AND MONITOR SUCH USAGE REGULARLY. TO DETERMINE IF YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN, GAN RECOMMENDS YOU CONTACT YOUR WIRELESS CARRIER TO VERIFY YOUR PLAN AND ASSOCIATED COSTS FOR DATA AND TEXT MESSAGES. GAN SHALL NOT BE RESPONSIBLE FOR ANY CARRIER CHARGES ASSOCIATED WITH THE USE OF GAN SERVICES.
The GAN Services provide alerts and information based on location or user preferences. The GAN Services require that the mobile device allow the GAN Services to access GPS or other location functionality on the mobile device. GPS must be enabled either automatically or manually in order for the application to provide the alert services. You must allow us to track your location using GPS or other location technologies. You must agree and enable your mobile device to allow us to access your mobile device’s location from time to time. GAN Services are advertising sponsored and will include advertising presented with each alert or information broadcast.
1. PRIVACY NOTICE
2. MODIFICATION OF THIS AGREEMENT
3. OWNERSHIP; PROPRIETARY RIGHTS
The GAN Services are owned and/or operated by GAN. The GAN Software, content, visual interfaces, information, alerts, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the GAN Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the GAN Services are the property of GAN or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the GAN Services are proprietary to GAN or its affiliates and/or third-party licensors. Except as expressly authorized by GAN, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
4. ACCOUNT INFORMATION
You hereby represent and certify that you are at least eighteen (18) years of age or have the permission of a parent or legal guardian who is willing to agree to these terms on your behalf. You agree that the information you provide to GAN upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. For example, you should notify GAN if your mobile device number changes.
When you register for the GAN Services you may be asked to provide a password. We recommend passwords that use a combination of upper and lower case letters, numbers and symbols. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times. YOU MUST NOTIFY GAN IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR GAN ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
6. PAYMENT TERMS; CANCELLATION
WHILE GAN DOES NOT CHARGE FOR THE USE OF THE GAN SERVICES AND THE GAN SERVICES ARE ADVERTISING SUPPORTED, YOU MAY INCUR DATA CHARGES AND TEXT MESSAGING CHARGES THROUGH YOUR USE OF GAN SERVICES. GAN RECOMMENDS THAT ALL SUBSCRIBERS HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN. TO DETERMINE IF YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN GAN RECOMMENDS YOU CONTACT YOUR WIRELESS CARRIER TO VERIFY YOUR PLAN AND ASSOCIATED COSTS FOR DATA AND TEXT MESSAGES. GAN SHALL NOT BE RESPONSIBLE FOR ANY CARRIER CHARGES ASSOCIATED WITH THE USE OF GAN SERVICES.
You agree to pay any fees due for and incurred by your use of the GAN Services. Any payments and fees for your use of the GAN Services are managed by your mobile carrier. Please refer to your mobile carrier’s regular billing statement for charges related to the GAN Services, and contact your mobile carrier directly with any questions or comments related to these fees.
If you wish to discontinue using the GAN Services, then you may cancel your GAN Services subscription by logging into your GAN account at www.globalalertnetwork.com [G6] and selecting “Manage Account & Subscriptions”. [G7] Select “Cancel Service” and then delete the GAN Software from your mobile handset.
7. USAGE AND PROHIBITED CONDUCT
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
a. use the GAN Services if you are under the age of 18 years, unless you have the permission of a parent or legal guardian who is agreeing to these terms on your behalf;
b. use the GAN Services for any commercial or non-private use, it being understood that the GAN Services are for personal, non-commercial use only;
c. use the GAN Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, rights of publicity, and import or export control;
d. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the GAN Services accounts of other Users;
e. remove, circumvent, disable, damage or otherwise interfere with security related features of the GAN Services, features that prevent or restrict use or copying of any content accessible through the GAN Services, or features that enforce limitations on use of the GAN Services;
f. intentionally interfere with or damage operation of the GAN Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
g. use the GAN Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the GAN Services could lead directly to death, personal injury, or severe physical or property damage;
h. attempt to gain unauthorized access to the GAN Services, or any part of it, other accounts, computer systems or networks connected to the GAN Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the GAN Services or any activities conducted on the GAN Service;
i. use any robot, spider, scraper or other automated means to access the GAN Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the GAN Services or modify the GAN Services in any manner or form, nor to use modified versions of the GAN Services, including (without limitation) for the purpose of obtaining unauthorized access to the GAN Services;
j. sell or transfer or allow another person to access your account password, profile, or GAN Services account; or
k. sell or transfer any content provided through the GAN Services, including without limitation, text, audio or graphics.
8. REFUSAL OR SUSPENSION OF SERVICE
PLEASE NOTE: GAN RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
9. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
9.1 The GAN Services may include links to other web sites or services solely as a convenience to Users. GAN does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, GAN makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
9.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the GAN Services are solely between you and such advertiser. You agree that GAN 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 GAN Services.
9.3 Parties other than GAN may provide services or sell products via the GAN Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. GAN does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
9.4 In addition, some products and services are provided from third-parties and therefore the use of such products and services are also governed by such third-party license terms. In such case, you will also be subject to such third-party license terms.
10. END USER LICENSES
10.1 LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the GAN Software you must have a mobile device that is compatible with the GAN Services. GAN does not warrant that the GAN Services will be compatible with your mobile device.
a. License Grant. GAN hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the GAN Software as follows: You may use the GAN Software for one GAN Services subscription account (a “Subscription Account” is comprised of the shared resources accessible by a single login ID) on one mobile device owned or leased solely by you, for your personal use.
b. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the GAN Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the GAN Software to any third party; (iii) make any copies of the GAN Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security related features of the GAN Software, features that prevent or restrict use or copying of any content accessible through the GAN Software, or features that enforce limitations on use of the GAN Software; or (v) delete the copyright and other proprietary rights notices on the GAN Software.
c. Software Upgrades. You acknowledge that GAN may from time to time issue upgraded versions of the GAN Software, and may automatically electronically upgrade the version of the GAN Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
d. Open Source. With respect to any open source or third-party code that may be incorporated in the GAN Software, such open source code is covered by the applicable open source or third-party license, if any, authorizing use of such code.
e. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the GAN Software or any copy thereof and GAN or its third party partners, licensors, or suppliers retain all right, title, and interest in the GAN Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. GAN reserves all rights not expressly granted under this Agreement.
10.2 You agree to comply with all United States and foreign laws applicable to use of the GAN Software and the GAN Services.
11. VIOLATIONS; TERMINATION
You agree that GAN, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the GAN Services or use of the GAN Services and remove and discard all or any part of your account at any time. You further agree that GAN may terminate any part of the GAN Services (1) if the partner with whom we offered the service to you has terminated its relationship with GAN or ceased to offer the service to you, (2) by GAN in its sole and absolute discretion, without prior notice, or (3) if we are required to do so by law. You agree that any termination of your access to the GAN Services or any account you may have or portion thereof may be effected without prior notice, and you agree that GAN will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the GAN Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GAN may have at law or in equity.
12. DISCLAIMERS; NO WARRANTIES; LIMITATION OF LIABILITY
THE GAN SERVICES ARE PROVIDED “AS IS”. YOU AGREE THAT YOUR USE OF THE GAN SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GAN, ITS RELATED ENTITIES, AND ALL SUCH ENTITIES’ OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAN SERVICES, AND YOUR USE THEREOF. GAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE GAN SERVICES, OR THE CONTENT OF ANY GAN SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF GAN SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAN SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAN SERVICES OR BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE GAN SERVICES AND ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAN SERVICES. GAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAN SERVICES, OR ANY HYPERLINKED SOFTWARE OR WEBSITE, AND GAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT SHALL GAN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE GAN SERVICES, EVEN IF GAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GAN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, (IF ANY), BY YOU TO GAN FOR THE GAN SERVICES DURING THE TERM OF YOUR USE OF THE GAN SOFTWARE, GAN SERVICES, OR WEBSITE AND (B) $1.00.
THE GAN SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GAN SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GAN, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION GAN’S THIRD-PARTY WIRELESS CARRIER PARTNERS, HANDSET MANUFACTURERS, AND CONTENT PROVIDERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
GAN AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION GAN’S THIRD-PARTY WIRELESS CARRIER PARTNERS, HANDSET MANUFACTURERS, AND CONTENT PROVIDERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAN SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAN SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GAN, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION GAN’S THIRD-PARTY WIRELESS CARRIER PARTNERS, HANDSET MANUFACTURERS, AND CONTENT PROVIDERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION OR THE GAN SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU (AND NOT GAN OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE GAN SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GAN SERVICES AT YOUR OWN DISCRETION AND RISK.
THE GAN SERVICES ARE INTENDED ONLY AS PERSONAL SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY SYSTEM, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE GAN SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
YOU ACKNOWLEDGE AND AGREE THAT GAN HAS OFFERED THE GAN SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GAN, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GAN. GAN WOULD NOT BE ABLE TO PROVIDE THE GAN SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. 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.
13. INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold GAN, its subsidiaries, its parent companies and affiliates, and their respective directors, officers, agents, partners and employees, and its distributors, partners, licensors, contributors (including, without limitation, GAN’s wireless carrier partners, handset manufacturers, and content providers) and their respective directors, officers, agents, partners and employees (collectively, the “Indemnified Parties”) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the GAN Services, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of the GAN Services. GAN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with and provide any necessary information for our defense of these claims.
14. TAKE DOWN OF MATERIAL
If you believe that the GAN Services include material that constitutes an infringement of your copyrighted work, you can notify us by providing the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work.
2. A description of the allegedly infringed copyrighted work.
3. Identification of the allegedly infringing material and where on the GAN Services the allegedly infringing material is located.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that use of the infringing material on the GAN Service is not authorized by the copyright owner, its agent, or the law.
6. A statement by you that the information you are providing in this notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The above information should be sent to either: email@example.com
PO Box 442
252 School Street
Howard, PA 16841
15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
15.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the GAN Services shall be filed only in the state or federal courts in and for Hennepin County, Minnesota and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either GAN or you may demand that any dispute or claim between GAN and you about or involving the GAN Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (“AAA”) in Hennepin County, Minnesota, USA and, if so demanded by GAN or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in Hennepin County, Minnesota to resolve the applicable dispute or claim; provided that the foregoing shall not prevent GAN from seeking injunctive relief in a court of competent jurisdiction.
15.3 Claims. You agree that any cause of action you may have against GAN arising out of or related to the GAN Services must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
15.4 Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
15.5 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by GAN without restriction.
15.6 Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 3, 7, 9, 12, 13, 15 and 16 hereby survive any termination of this Agreement or any termination of your use of or subscription to the GAN Services.
15.7 Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by GAN as set forth in Section 2 above.
You may contact GAN at the following address: PO Box 442, 252 School Street, Howard, PA 16841 or firstname.lastname@example.org.