Gravity helps you discover and participate in conversations about topics that matter to you. The following are the terms and conditions for use of gravity.com, any Gravity services offered through our partners' websites that include a link to these Terms (each, a Partner Website) (such products and services, the Gravity Service), and any of Gravity's software and any related documentation that you receive for use in conjunction with a Partner Site (the Gravity Software). Project Rover, Inc. (Gravity or us or we) requires that your access to and use of the Gravity Service, Gravity Software, and the Content (as defined in Section 3) you upload to or that otherwise appears or exists on the Gravity Service be in accordance with the Terms. Please read the Terms carefully. They are important and we've done our best to make them straightforward.
THE GRAVITY SERVICE AND GRAVITY SOFTWARE ARE OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. BY VISITING OR USING THE GRAVITY SERVICE, CLICKING THE I ACCEPT CHECKBOX, COMPLETING GRAVITY'S REGISTRATION PROCESS THROUGH THE GRAVITY SERVICE, OR USING, DOWNLOADING, OR ACCESSING THE GRAVITY SOFTWARE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, you and your will refer and apply to that company or other legal entity.
These Terms apply to all users of the Gravity Service and to all Partner Sites and others who themselves provide portions of the Gravity Service. This includes, but is not limited to, non-registered users, registered users, users who create, manage, visit, or join communities through the Gravity Service, users who otherwise contribute or access Content through the Gravity Service, and those who make all or part of the Gravity Service available through websites other than gravity.com (including but not limited to Partner Sites).
You may use the Gravity Service only if you can form a binding contract with Gravity and are not a person barred from receiving the Gravity Service under the laws of the United States or any other applicable jurisdiction. You may use the Gravity Service and Content only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You may not use the Gravity Service if you are under 13 years old. Any registration by anyone under 13 is void. By completing the registration process described in Section 2, you represent and warrant that you are 13 or older.
In order to access certain functionality of the Gravity Service, you must complete the registration process and create an account (Account), for which you agree to provide current, complete and accurate information as prompted by the registration form, including your e-mail address. If you submit your credentials (e.g., username and password) for a third-party website (e.g., Facebook or Twitter) during your registration for the Gravity Service, you acknowledge, agree, and consent that Gravity will receive any of your information that is made available by such third-party website and that Gravity may use and share such information in accordance with Gravity's privacy policy.
You are responsible for safeguarding your account information and password. You agree to take sole responsibility for any activities or actions under your Account, whether by you or any third party and whether or not you have authorized such activities or actions. We encourage you to exercise caution when sharing any account or personal information with any third parties or third party services. You will immediately notify us of any unauthorized use of your Account or any other breach of security known to you.
Your status as a registered user is subject to your continued compliance with these Terms, and we reserve the right to refuse registration for the Gravity Service to, or remove the Account of, any user, participant, or Partner Website at any time in our sole discretion.
Any text, html, URLs, images, graphics, video, other rich media content, or other materials uploaded to, downloaded from, or appearing or existing on the Gravity Service is referred to herein as Content. Remember, the Gravity Service includes Gravity.com and our partners' websites that include a link to these Terms. As a registered user, you can contribute Content through the Gravity Service for the duration of these Terms, and you will always retain ownership of the rights you have to your Content. You grant us a worldwide, transferable, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works of, publish, transmit, display and distribute (in any and all media or distribution methods, now known or later developed) any Content you upload, submit, or otherwise contribute to the Gravity Service. You understand that your Content may be exploited by us or our partners and that you may be subject to liability if do not have adequate rights to authorize the foregoing license to your Content. You agree that the foregoing license includes the right for Gravity to make such Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication of such Content on other media and services. Without limiting the scope of the Content license in this Section 3, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
The Content you contribute to the Gravity Service can be viewed by other users of the Gravity Service and through third party websites and services, so you should only provide Content that you are comfortable sharing with others under these Terms. You are responsible for any Content you contribute, whether publicly posted or privately transmitted.
We may or may not monitor or control the Content contributed via the Gravity Service and we disclaim responsibility for such Content. We reserve the right at all times (but will not have an obligation) to remove or refuse to accept or distribute any Content on the Gravity Service.
We invite you to use the Gravity Service provided that your use is subject to and must comply with these Terms. You are not authorized to reproduce, modify, create derivative works, distribute, sell, market, publicly display, publicly perform, transmit, or otherwise use the Gravity Service or any Content that is not your own except as necessary to enable you to enjoy the Gravity Service as provided by Gravity. Without limiting the generality of the foregoing, you agree not to (and to not allow any third party to): (a) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Gravity Service for any purpose without the express written consent of Gravity; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Gravity; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Gravity Service.
The Gravity Service, Gravity Software, and Content are protected by copyright, trademark, patent, trade secret and other laws, and Gravity or its licensors own all right, title, and interest in and to the Gravity Service, Gravity Software, and Content (except your Content) and all intellectual property rights therein.
We respect copyright law and expect our users to do the same. The copyrights and other intellectual property rights of creators and owners of any Content is important to Gravity. If you become aware of misuse of the Gravity Service by any person, please contact Gravity to report any abuse. Gravity has adopted and implemented a policy that provides for the termination of accounts of users who infringe or believed to be infringing the rights of copyright holders. If you receive a notice of infringement under the Digital Millennium Copyright Act for any content that is transmitted to us as part of the Gravity Service, you will immediately provide notice to us so that we can take appropriate action. Please see the Gravity Copyright and Intellectual Property Policy for further information.
You agree not to do any of the following while using the Gravity Service or offering the Gravity Service or any portion thereof through a Partner Website:
The Gravity Service may contain links or references to third-party websites or resources (including but not limited to links provided by other users of the Gravity Service), as well as Content and other information belonging to or originating from third parties (including but not limited to other users of the Gravity Service and those controlling or contributing to Partner Websites) (collectively, the Third Party Sites, Resources, and Content). You understand that by using the Gravity Service, you may be exposed to Third Party Sites, Resources, and Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You acknowledge and agree that Gravity is not responsible or liable, and Gravity disclaims any liability, for: (i) the availability or accuracy of the Third Party Sites, Resources, and Content; or (ii) the content, products, or services on or available from the Third Party Sites, Resources, and Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third Party Sites, Resources, and Content or endorse any opinions expressed via the Gravity Service. You acknowledge sole responsibility for and assume all risk arising from your visits to or use of any Third Party Sites, Resources, and Content.
The Gravity Service may include advertisements, which may be targeted to the Content provided by you or others through the Gravity Service, for example in your posts or queries. The types and extent of advertising provided through the Gravity Service are subject to change. In consideration for Gravity granting you use of the Gravity Service, you agree that Gravity and its third party providers and partners may place such advertising on the Gravity Service or in connection with the display of Content or information from the Gravity Service whether submitted by you or others.
Any information that you provide in your use of the Gravity Service is subject to our Privacy Policy, which governs our collection and use of information from and about you. You consent to the collection and use (as set forth in our Privacy Policy) of your personal information, Content, and Measured Data, including the transfer of this information to the United States and/or other countries for storage, processing and use by Gravity. As part of providing you the Gravity Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Gravity Service, which you may not be able to opt-out from receiving.
From time to time, our support staff may log in to your Account in order to ensure compliance with these Terms and to maintain or improve the Gravity Service, including but not limited to providing you assistance with technical or billing issues. You hereby acknowledge and consent to such access.
If you are a Partner Website, the following terms apply to you:
You agree to indemnify, hold harmless and defend Gravity (if Gravity so elects), Gravity's other users, and Gravity's officers, directors, employees, successors, agents, and partners (including but not limited to Partner Websites), and third-party service providers, at your expense, from all third-party claims, and all related damages, losses, liabilities, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of (i) your breach of these Terms, (ii) your use of the Gravity Service, (iii) your Content, (iv) your use of the Gravity Software or provision of a Partner Website that is in breach or conflict with these Terms, or (v) your violations of applicable laws, rules or regulations in connection with the Gravity Service. Gravity will provide you with written notice of any such claim. Gravity reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and, if Gravity exercises such right, you agree to cooperate with Gravity as reasonably required in the defense of such claim.
You represent and warrant that (i) you have rights necessary to grant to Gravity the rights to use your Content, as contemplated under these Terms, (ii) the submission and use of your Content on or through the Gravity Service as contemplated herein, and your provision of a Partner Website and any content thereon, does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity, (iii) you will comply with all laws and regulations, and (iv) you will comply with all guidelines or other terms Gravity makes available to you (via the Gravity Service or otherwise) related to your use of the Gravity Service or Gravity Software. You agree to pay for all royalties, fees, and any other monies owing to any person or entity that arise as a result of any Content posted by you on or through the Gravity Service.
THE GRAVITY SERVICE, GRAVITY SOFTWARE, AND CONTENT YOU ACCESS THROUGH THE GRAVITY SERVICE IS PROVIDED BY GRAVITY AS IS AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GRAVITY, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE GRAVITY SERVICE, GRAVITY SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE GRAVITY SERVICE, AND GRAVITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO THOSE THAT COULD BE CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
GRAVITY DOES NOT WARRANT THAT THE GRAVITY SERVICE, GRAVITY SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE GRAVITY SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE GRAVITY SERVICE OR GRAVITY SOFTWARE WILL BE AVAILABLE OR UNINTERRUPTED. GRAVITY DOES NOT REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE GRAVITY SERVICE, GRAVITY SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE GRAVITY SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRAVITY MAKES NO WARRANTY REGARDING THE QUALITY OF THE GRAVITY SERVICE, GRAVITY SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE GRAVITY SERVICE OR THE TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE GRAVITY SERVICE OR ANY CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE GRAVITY SERVICE. GRAVITY DOES NOT GUARANTEE THE GRAVITY SERVICE AND GRAVITY SOFTWARE WILL BE OPERABLE AT ALL TIMES OR ANY TIME. WITHOUT LIMITING THE EFFECT OF THIS SECTION 11, YOU AGREE THAT GRAVITY WILL HAVE NO LIABILITY FOR UNAVAILABILITY (1) CAUSED BY OUTAGES TO ANY PUBLIC INTERNET BACKBONES, NETWORKS OR SERVERS, (2) CAUSED BY ANY FAILURES OF YOUR EQUIPMENT, SYSTEMS OR LOCAL ACCESS SERVICES, (3) FOR MAINTENANCE OR (4) RELATING TO EVENTS BEYOND GRAVITY'S CONTROL SUCH AS STRIKES, RIOTS, INSURRECTION, FIRES, FLOODS, EXPLOSIONS, WAR, GOVERNMENTAL ACTION, LABOR CONDITIONS, EARTHQUAKES, NATURAL DISASTERS, OR INTERRUPTIONS IN INTERNET SERVICES TO AN AREA WHERE GRAVITY'S SERVERS ARE LOCATED OR CO-LOCATED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GRAVITY OR THROUGH THE GRAVITY SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE GRAVITY SERVICE AND GRAVITY SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE GRAVITY SERVICE AND GRAVITY SOFTWARE REMAINS WITH YOU. GRAVITY WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE GRAVITY SERVICE, GRAVITY SOFTWARE, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, GRAVITY WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY OF YOUR CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED THROUGH THE GRAVITY SERVICE.
IN NO EVENT WILL GRAVITY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE GRAVITY SERVICE OR GRAVITY SOFTWARE EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE GRAVITY SERVICE AND GRAVITY SOFTWARE AND ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GRAVITY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may terminate your account and discontinue your use of the Gravity Service at any time. These Terms will be deemed terminated fifteen (15) days following the termination of your account and discontinuation of your use of the Gravity Service. We may, in our sole discretion, at any time and for any reason, terminate or cease providing the Gravity Service or any portions thereof, terminate these Terms, or suspend or terminate your account. These Terms will terminate automatically upon your material breach of any provision. Upon any termination of these Terms or the Gravity Service, your authorization to use the Gravity Service and licenses you are granted to the Gravity Software (if any) hereunder will terminate immediately and you will discontinue all use of the Gravity Service and Gravity Software. Upon termination, you must at Gravity's option either promptly destroy all copies of the Gravity Software in your possession or control. Upon termination or expiration of these Terms for any reason, Sections 3, 4 (except your right to use the Service), 6, 7, 8, 9.c.ii, 9.c.iii, 9.c.iv, 10, 11, 12, 13, 15, and 16 will survive.
In efforts to improve the Gravity Service, the Gravity Service or Gravity Software may be modified by us at any time without prior notice to you. You agree and understand that the Gravity Service and Gravity Software, as modified, will be subject to these Terms. We may change, suspend or discontinue providing the Gravity Service or Gravity Softwareóor any of their features or contentóto you or to users generally for any or no reason, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Gravity Service or Gravity Software at our sole discretion at any time without liability or prior notice to you.
If you do not agree with our modifications to these Terms, you agree that your only recourse is to decline such terms and stop using the Gravity Service and Gravity Software.
We invite you at any time to provide your feedback, comments, and suggestions for improvements to the Gravity Service or the Gravity Software (the Feedback). Any feedback you may provide regarding Gravity, the Gravity Service, or the Gravity Software is entirely voluntary. You agree that Gravity will own all Feedback, and you hereby assign and agree to assign to Gravity all right, title and interest in and to your Feedback and all intellectual property rights associated therewith. In addition, you hereby waive any moral rights you have to your Feedback. You are free to submit your feedback here.
These Terms are the complete and exclusive statement of the agreement between Gravity and you regarding the regarding the Gravity Service and Gravity Software, and these Terms supersede and replace any prior agreements, representations and communications (both written and oral) between Gravity and you regarding the Gravity Service; provided that, if you enter into a separate written agreement with Gravity, such written agreement will supersede these Terms to the extent there is a conflict. You may not assign or transfer these Terms or licenses herein to any other person or entity. Gravity reserves the right to assign these Terms to any other entity.
The failure of Gravity to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. The rights under these Terms may only be waived by a written document executed by both parties.
These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Los Angeles County, California, and the parties consent to personal jurisdiction therein and waive any objection to jurisdiction and venue in such courts.
The Gravity Service and Gravity Software are provided by Project Rover, Inc., PO Box 1438, Venice, CA 90294. If you have any questions about these Terms, please contact us here.
