What you agree to when you use Gunway.
The Services that Gunway provides are always evolving. Gunway may change these Services without prior notice to you. In addition, Gunway may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
2. Sharing Your Content and Information
You own all of the content and information you post on Gunway, and you can control how it is shared through your privacy settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Gunway (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is removed from service. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Gunway, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Gunway. We may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Gunway safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on Gunway.
- You will not collect users' content or information, or otherwise access Gunway, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Gunway.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Gunway to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Gunway, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
Gunway users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Gunway, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use Gunway if you are under 14.
- You will not use Gunway if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Gunway that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Gunway if we believe that it violates this Statement.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Gunway and the Gunway logos), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on Gunway.
6. Special Provisions Applicable to Share Links
If you include our Gunway Share button on your website, the following additional terms apply to you:
- We give you permission to use Gunway's Share button so that users can post links or content from your website on Gunway.
- You give us permission to use and allow others to use such links and content on Gunway.
- You will not place a Gunway Share button on any page containing content that would violate this Statement if posted on Gunway.
- We can change this Statement if we provide you notice (by posting the change on the Gunway Site Governance Page) and an opportunity to comment. To get notice of any future changes to this Statement, visit our Gunway Site Governance Page and become a fan.
- For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such comments must be made on the Gunway Site Governance Page.
- We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Gunway to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Gunway exclusively in a state or federal court located in Mecklenburg County. The laws of the State of North Carolina will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Mecklenburg County, North Carolina for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Gunway, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUNWAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, 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, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (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 GUNWAY HAS 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.
- By “Gunway,” we mean the features and services we make available, including through (a) our website at www.gunway.com and any other Gunway branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) social plugins such as the share button and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By “information,” we mean facts and other information about you, including actions you take.
- By “content,” we mean anything you post on Gunway that would not be included in the definition of information.
- By “data,” we mean content and information that third parties can retrieve from Gunway or provide to Gunway through Platform.
- By “post,” we mean post on Gunway or otherwise make available to us.
- By “use,” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “active registered user,” we mean a user who has logged into Gunway at least once in the previous 30 days.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Gunway, LLC. References to “us,” “we,” and “our” mean Gunway, LLC.
- This Statement makes up the entire agreement between the parties regarding Gunway, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing Gunway.