Terms of Service
Effective as of: August 8, 2021
2. USE OF CONTENT
“Submissions” means text, messages, ideas, suggestions, stories, screenplays, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through The Site. In any event, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type. We and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
4. LICENSES AND REPRESENTATIONS
6. PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area, app, site or feature offered as part of The App that offers the opportunity for users to Distribute Submissions for viewing by one or more The App users, including a chat area or a questions and answers board. YOU ACKNOWLEDGE THAT PUBLIC FORUMS AND FEATURES OFFERED THEREIN ARE FOR PUBLIC AND NOT PRIVATE COMMUNICATIONS, AND YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY SUBMISSION TO A PUBLIC FORUM. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Subject to applicable law, you are and shall remain solely responsible for the Submissions you Distribute on or through The App under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute. We reserve the right to screen, refuse to post, remove, edit, store and/or review Submissions at any time and from time to time and for any or no reason including, without limitation, to ensure that the Submissions conforms to the Rules of Conduct, in our absolute and sole discretion without prior notice. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
7. RULES OF CONDUCT
8. COOPERATION; REMOVAL OF SUBMISSIONS
SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE APP OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS. The App may contain the opinions and views of other users. Given the interactive nature of these apps, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. The content of The App is intended for peer-to-peer exchanges, educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, The App without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
11. LIMITATION OF LIABILITY
12. JURISDICTIONAL AND VENUE ISSUES
15. GENERAL PROVISIONS
16. MANDATED REPORTING
Because Give Us The Floor is located in the State of California and serves a population of adolescents domestically, any incident, regardless of location, must be reported to California CPS and/or California local law enforcement.
We care about the safety of our members at Give Us The Floor. It’s our priority to support you in staying safe and healthy. We don’t want to intrude into your life, but in rare circumstances, we may need to take certain actions to ensure your safety and remain compliant with the law. In EXTREMELY rare cases, this means we may contact law enforcement, state authorities, or emergency services if your messages indicate that you are at imminent risk of death or serious injury (e.g., if you have suicidal desires, a plan, access to means, and an imminent timeline), or if we reasonably believe that disclosure is necessary to prevent a person’s death or serious injury. At that point, a trained member of our team might ask you for some personally identifiable information (such as where you are or what your name is). We understand that this can feel disruptive, and it won’t happen unless we think it’s absolutely necessary. We’ll try to work with you to come up with a safety plan before calling emergency services, if doing so would not increase the imminent risk. We’re not here to tell on you -- we’re here to do our best to support you and others in staying healthy and safe. We may attempt to locate you, but it may not always be possible.
If the content of your messages leads us to reasonably suspect that you are a victim of emotional/physical abuse or neglect and you are 17 years old or younger or a vulnerable dependent adult, we may ask you to verify certain Personally Identifiable Information (such as your date of birth, name, and address) to help us file any required report with appropriate state authority. You are not required to share this information with us.
We may disclose Personally Identifiable Information we collect from you to third parties if we believe such disclosure is necessary: (A) to comply with the law or in response to a subpoena, court order, government request, or other legal processes; (B) to protect the interests, rights, safety, or property of Give Us The Floor, its affiliates, employees, or agents, including but not limited to the volunteers or members; (C) to enforce our Terms; (D) in connection with a sale, merger, or change of control of Give Us The Floor or its affiliates, or (E) to address fraud, security, technical issues, or to operate the Services or its infrastructure systems properly.