TERMS OF USE
- INTRODUCTION
Hello! Welcome to Networked.co and our Terms of Use. These terms are our contract with you (the “Contract”), inclusive of any modifications described below. This Contract will help you understand better what’s important for us to provide the Service to you and your access to the full power of our website. Please read the provisions of this Contract carefully before using the www.networkëd.co website and the Networkëd mobile application and capabilities provided by them (collectively, or individually, the “Service” or “Services”) operated and owned by Game Change Agency LLC (“GCA”, “us”, “we”, or “our”).
This Contract lists your rights and obligations, the extent and limits of our responsibilities regarding your usage of the Service, the consequences of any breach of the contract, the modes of termination and modification of this Contract and other things that you must keep in mind while using the Service.
Please take note of the following:
- CONTRACT, USERS AND COMMUNICATION
- Contract
BY INITIALLY ASENTING TO THESE TERMS OF USE BELOW AND/OR BY REGISTERING, ACCESSING OR USING GCA SERVICES (FURTHER DESCRIBED BELOW),YOU UNDERSTAND THAT YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH GCA ON BEHALF OF YOURSELF AND ANY COMPANY ON WHOSE BEHALF YOU ARE USING OUR SERVICES.. Your acceptance of and compliance with this Contract will determine your access to and usage of the Service. This Contract applies to all Visitors, Users (defined below) and others who wish to access or use the Service.
In case, you wish to terminate this Contract, you can do so by terminating the access or usage of our Services and deactivating your registered account.
Service/s: This Contract applies pursuant to a subscription to networked.co other networked-related sites, apps, communications and other services that state that they are offered under this Contract .
Our Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates will govern the usage and sharing of the data, including personal data, collected from the Users and Visitors.
- Users and Visitors
The term “Users” connotes a registered Networked user while the unregistered users are addressed as “Visitors”.
- Change
We reserve the right, at our sole discretion, to modify or replace the terms of this Contract at any time.
We may modify this Contract and our Privacy Policy from time to time. In case of a material change being made to it, we will notify you (10 days in advance) of such changes through our Services or other electronic means. The notice will provide you an opportunity to review the changes and raise any relevant concern before such changes become effective. There can be no retroactive application of changes to this Contract.
You may deactivate your account if you do not agree with any changes. Your continued use of our Services after we notify you of the proposed changes will imply your consent to such changes.
- Communications
By creating an account on our service, you agree to subscribe to the newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
- THE OBLIGATIONS YOU HAVE UNDER THIS CONTRACT:
- Service Eligibility Criteria
You hereby warrant and represent that:
- You are above the age of 18.
- The information you provide to us is and will be accurate, complete and current at all times.
In case you provide us with inaccurate, incomplete, or obsolete information, we will have the right to immediately terminate your account on the Service.
- Purchases Made by You
If you wish to purchase any product or service made available through the Service (“Purchase“), you may be asked to supply certain information relevant to your Purchase, such as your credit card number, the expiration date of your credit card, your billing address, your shipping information etc.
You warrant and represent that: (i) you have the legal right to use a credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The Service may engage certain third-party services to facilitate payment and the completion of Purchases. By submitting your information, you allow us to share such information with these third parties, subject to our Privacy Policy.
We are entitled to refuse or cancel your order at any time for reasons such as: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or to cancel your order if we suspect fraud or any unauthorized or illegal transaction.
- Your Account
Users are account holders. You agree to:
- 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 being authorised to do so.
- To not use as a username any name that is offensive, vulgar or obscene.
- Use a strong password and keep it confidential;
- Not transfer any part of your account (e.g., connections) and
- Accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
- Follow the law and our list of “other obligations”.
- Your responsibility for anything that happens through your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content uploaded by you, or cancel orders in our sole discretion.
- Your Payment Obligations
You agree to honor your payment obligations and also allow us to store your payment information. You understand that there may be additional fees and taxes to our prices.
Except when required by law, paid subscription fees are non-refundable.
Game Change Agency LLC, in its sole discretion and at any time, may modify the subscription fees for the subscriptions. Any subscription fee change will become effective at the earlier of the end of the then-current billing cycle or when the next subscription fee is due.
We will provide you with a notice of at least 24 hours before making any changes in the subscription fees, which notice should give you an opportunity to terminate your subscription before such change becomes effective.
Your use of the Service after the subscription fee change comes into effect, is considered as your agreement to pay the modified subscription fee amounts.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms, to be agreed upon through a separate agreement.
- Notices and Messages
We can provide you notices and messages through our websites, apps, and contact information shared by you. You are solely responsible for reviewing important notices and for missing any such notices because of erroneous or dated contact information, or failure to check or fully read such information.
- RIGHTS AND LIMITATIONS
- The Content and Your License to Networked
GCA hereby grants you a non-exclusive, non-transferable, revocable limited license to access and use the Networkëd mobile application (the “App”) and www.networked.co website and all contents thereof (the “Licensed Property”) solely for your own personal use. You agree that you will not use the Licensed Property for any other purpose and that you have no additional rights in the Licensed Property other than those defined explicitly under this Contract.
“Content” is any information supplied to GCA by you or on your behalf, including, without limitation, feedback and personal information. You will retain all rights to such information, subject to authorising GCA the right to use the information as provided below.
You hereby grant GCA a non-exclusive worldwide license to use, copy, modify, distribute, publish and process, Content (inclusive of unrestricted content about you that may be obtained from third-parties) and/or modification thereto, without any further consent, notice and/or compensation to you or others. GCA may transfer or sublicense any or all of the foregoing rights, subject to your termination rights set forth below.
The following limitations will apply to the abovementioned grant of rights:
- The license to such Content will terminate once you delete any individual post (as to specific Content) or deactivate your account, except (a) In case such data is copied, re-shared or stored by you with others and (b) for the reasonable time taken for removal of such data from backup and other systems.
- In order to include your Content in advertisements for products and services of third parties, we will seek your separate consent. But we have the right to serve ads near your Content without any payment, and your social actions on the App or Website may be visible and included with ads.
- Others Users or Visitors who may have access to your Content through the Services will not be granted rights to publish your Content beyond the Services without your prior permission (unless those Users or Visitors are also sublicensees per the license granted by you to GCA above. However, in case you share your post as “public”, other Users will be allowed to embed that public post onto third-party services, which will be identifiable and accessible by search engines.
- As part of the license above we are allowed without limitation to edit and make certain format changes to your Content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata). However, the essence of your expression will not be altered.
You agree that we may access, store, process and use any information and personal data – as described in the Privacy Policy and your choices (including settings) – that you provide to us.
You may submit suggestions or other feedback regarding our Services, however, you agree that we are not obligated to compensate you for such feedback or suggestions.
- The Content You Share
You will be able to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material as Content on the Service. However, you are responsible for the Content that you post on or through the Service, including its legality, reliability and appropriateness.
By posting Content on or through the Service, you warrant and represent that: (i) the Content is yours (you own it and that it isn’t plagiarised) and/or you have the right to use it and grant us the rights and license as provided in this Contract and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of any User found to be infringing on any third-party or GCA right, including without limitation privacy or copyrights.
You retain any and all of your rights to the Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We are not responsible for the Content shared by you or any third-party on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service, as further defined in Sec. 3.a above. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to this Contract.
We can, but are not obligated to monitor and edit all content provided by Users. As between you and GCA, the content found on or through this Service, other than your Content is the property of GCA. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
- Service Availability, Errors and Inaccuracies
To provide you with a seamless experience, we constantly need to update our product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may, in certain cases, not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore have the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We don’t promise to store or keep showing any information and Content that you’ve posted. You agree that we have no obligation to store, maintain or provide you a copy of any Content or content that you or others provide, except to the extent required by the law applicable on this Contract and as noted in our Privacy Policy.
- Other Content, Sites and Apps
We generally do not review content provided to us by our Users or others. You agree that we are not responsible for others’ (including other Users’) content or information. The misuse of our Services is not always preventable, and you agree that we are not responsible for any such misuse by third parties.
We merely act as a link between Users offering their services (career coaching, accounting, etc.) and Users seeking such services. We do not perform or employ individuals to perform these services ourselves.
In order to offer, perform or procure these services you must be above 18 years of age.
In case we help you register for and/or attend events organized by Users and connect with other Users who are attendees at such events, you agree that:
- We are not responsible for the conduct of any of the Users or other attendees at such events;
- We do not endorse any particular event listed on our Services;
- No event is reviewed and/or vetted by us; and
- That you will comply with all applicable terms and conditions for such events.
- Certain Limitations on the Use of the Service
We have the right to limit how you connect and interact on our Services.
We may limit your use of the Services, including the number of your connections and your ability to contact other Users.
We can terminate, restrict or suspend your account if you are found to be in breach of this Contract or any applicable terms and conditions.
- COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
- Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim regarding infringement of copyright or other intellectual property rights (“Infringement”) of any person or entity, and we are allowed to take appropriate actions in such a situation.
As an example, Infringement may happen through copying or plagiarising someone’s work without their explicit permission.
If you are a copyright owner, or authorized on behalf of one and you believe that your/their copyrighted work has been copied in a way that constitutes Infringement, and such infringing content has been disseminated through GCA Services or websites, please bring this to our attention by writing to us at dmca@networked.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
If you are found liable of misrepresentation or bad-faith claims alleging Infringement of any Content found on and/or through the Service on your copyright, which includes frivolously claiming such Infringements, you may be liable for damages (including costs and attorney’s fees).
- Intellectual Property Rights Protection
The Service and its original content (excluding content provided by Users), features and functionality are and will remain the exclusive property of GCA and its licensors (or anyone allowed by us). The Service is protected by copyright, trademark and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GCA.
- DMCA Notice and Procedure for Copyright Infringement Claims
The DMCA aims at preventing any copyright violation in the U.S.A. In case of an infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- Your address, telephone number and email address;
- 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;
- 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.
You can contact our Copyright Agent via email at dmca@networked.co
- COOKIES< AUTOMATED PROCESSING AND PROMOTIONS
- Cookies Policy
Cookies are files with a small amount of data which may include an anonymous unique identifier, which are sent to your browser from a website and stored on your device. We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Other tracking technologies such as beacons, tags and scripts to collect and track information and to improve and analyze our Service are also used. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
- Automated Processing
We make suggestions to you and others regarding use of the Service. We may use your Content for that purpose. We use your information and Content to make recommendations for connections, additional content and features that may be useful to you.
For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
- Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Contract. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with the provisions of this Contract, the conflicting Promotion rules will apply as to that Promotion only.
- DISCLAIMER AND LIMITS OF LIABILITY
PLEASE NOTE THE FOLLOWING DISCLAIMER OF LEGAL LIABILITY FOR THE QUALITY, SAFETY, OR RELIABILITY OF OUR SERVICES.
In no event will Game Change Agency LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) your access to or use of or inability to access or use the Services;
(ii) any conduct or content of any third party on the Services;
(iii) any content obtained from the Services; and
(iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed of its essential purpose.
- No Warranty
You agree that you are using this Service completely at your own risk. We do not provide any Warranty regarding the Service.
“Warranty” is a legal term that generally connotes a “promise” or a “commitment” regarding a product or service. So when we say that we “disclaim any warranty”, that means we aren’t promising that the Service will offer any particular result, outcome or set of results or outcomes or anything else. We provide this translation to help you read the Terms more easily, but it does not limit the application of the legal definition of “warranty” with respect to this Contract in any way.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
GAME CHANGE AGENCY LLC ITS SUBSIDIARIES, AFFILIATES AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
- Exclusion of Liability
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In all such cases the limitations will apply to the maximum extent allowable.
- Indemnification
You agree to defend, indemnify and hold harmless GCA and its licensee and licensors and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of this Contract, or c) Content posted on the Service.
In simpler terms, we cannot be held responsible for your conduct on the Service and if such conduct lands you in any kind of trouble, we cannot be held liable for it in any manner.
- Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by GCA.
GCA has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that GCA will 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 third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
- TERMINATION OF THIS CONTRACT
Both you and GCA may terminate this Contract at any time with the following notice to the other.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Contract.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of this Contract which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- GOVERNING LAW AND DISPUTE RESOLUTION
This Contract will be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
- CERTAIN GENERAL TERMS
- If a court with authority over this Contract finds any part of it unenforceable, we mutually agree that the court should modify the Contract to make that part enforceable while still achieving its intent. If the court cannot do that, we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. In other terms, both you and us will strive to keep this contract enforceable and valid.
- Our failure to enforce any right or provision of this Contract will not be considered a waiver of those rights or of our right to bring a claim pursuant to any breach in the future.
- This Contract (or your membership or use of Services) is non assignable and non-transferable to anyone without our consent. However, we may assign this Contract to our affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
- This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) constitutes the entire agreement between us regarding the Services and subject matter hereof and it supersedes and replaces any prior agreements we might have had between us regarding the Service. This means that irrespective of any prior agreement between you and us, this Contract will prevail over any such prior agreement or contracts.
- “OTHER OBLIGATIONS”
- You agree to:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide us with accurate and updated information;
- Exhibit professionalism in your use of the Services.
- You will refrain from:
- Falsifying or misrepresenting your identity, create a profile for anyone else (that is not you), or use or attempt to use another’s account;
- Posting defamatory content, use the Service for terrorist or anti-state activities, violate the private rights of any third party in any manner whatsoever;
- Developing, supporting or using crawlers, browser plugins and add-ons or any software, devices, scripts, robots, other means or processes or technology to scrape the Services or otherwise copy profiles and other data from the Services;
- Circumventing any access controls or use limits of the Service.
- Copying, using, disclosing or distributing any information obtained from the Services, whether directly or through third parties (such as search engines), without or consent;
- Disclosing information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violating the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
- Violating our intellectual property or other rights, including but not restricted to copying/distributing our learning videos, other materials or technology, unless it falls under the open source licenses;
- Uploading posts that spread software viruses, worms, or any other harmful code;
- Reverse engineering, decompiling, disassembling, deciphering or otherwise attempt to deriving the source code for the Services or any related technology that does not fall within open source;
- Monetizing, in any manner, the Services or related data or access to the same, without our consent;
- Deep-linking to our Services for any purpose other than to promote your profile or a group on our Services, without our consent;
- Using ways to add or download contacts, send or redirect messages.
- “framing,” “mirroring,” or otherwise simulating the functions of the Services;
- Modifying the Services or their appearance (such as by inserting elements or removing, covering, or obscuring an advertisement included on the Services);
- Interfering with the operation of, or placing unreasonable load on, the Services.
- HOW CAN YOU REGISTER YOUR COMPLAINTS AND FEEDBACK WITH GCA?
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service (things we like to call “Feedback”). We respect the intellectual property rights of others. It is stipulated that users provide accurate information which is not in violation of the intellectual property rights or other rights of third parties. We provide for a mechanism for complaints concerning the Content posted by our User.
You may reach out to us at:
- By email: contact@networked.co
- By phone number: +1 610-945-6433
- By mail: Game Change Agency LLC – 1105 Parson Curry Rd. Malvern, PA 19355
