Member Terms – United States

In Crisis?

Last updated: 1 August 2020

 

 

Application and acceptance

 

These Member Terms, together with the House Rules and Privacy Policy (collectively, the “Terms”) establish the rules for your use of the Site.

 

The Terms are important and apply where you choose to register as a Member. Please read the Terms carefully before registering. By clicking “accept” when registering, you are consenting to and agreeing to be bound by all aspects of the Terms.

 

If you do not agree to the Terms, YOU ARE NOT PERMITTED TO register as a Member.

 

We reserve the right, at our sole discretion, to change or update the Terms from time to time without further notice by posting updated Terms on the Site, subject to your termination right as set out below. It is therefore your responsibility to check these Terms regularly for any changes. We will post the last date of any change to these Terms at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these Terms or any future terms then you must discontinue using the Site.

 

 

Definitions

 

  1. “House rules” means the House Rules detailed from the Site from time to time.
  2. “Member” means a member of the Togetherall Site.
  3. “Member Content” means any information that a you or another Member enters on or uploads to the Site, as further described in the Privacy Policy.
  4. “Site” means the website located at www.togetherall.com and pages in that domain controlled by Togetherall (the “Site”) and all associated content and services provided by Togetherall in connection with operating the Site.
  5. “Terms” means these Member Terms as well as the House Rules and Privacy Policy, which are incorporated by reference herein, as these documents may be modified and made available on the Site from time to time.
  6. “Personal Information” means information that can be linked, directly or indirectly, to an identifiable individual, including you, other Members, or others. Personal Information includes things like your real name, nicknames, email address, postal code, date of birth, and any other information that can be used to identify you individually, as well as information linked to one or more of those identifiers.
  7. “User Name” means the username you select to identify yourself to other Members, Wall Guides, and Togetherall staff. The goal is to create a username that protects your privacy, so it should not include your first, middle, or last name, initials, nicknames, or any other information that can be used to identify you personally. See the House Rules for more information.
  8. References to “you,” “your,” or “you’re” are references to the you, the Member/end user of the site.
  9. References to “we,” “our,” or “ours” refers to Togetherall Inc.

 

 

Eligibility

 

You must be 16 years or over to register as a Member. If we discover or have any reason to suspect that you are not over 16 years of age, we reserve the right to suspend or terminate your Membership in the Site immediately and without notice and to take any other actions in accordance with applicable law.

 

Your Promise to Us

 

By registering as a Member, you confirm that:

 

  • You are over 16 years of age;
  • You will comply with these Terms including, without limitation, the restrictions relating to acceptable use set out in the code of conduct section below and in our House Rules;
  • You consent to our processing of Personal Information about you in accordance with the Terms including, without limitation, the House Rules and the Privacy Policy;
  • You agree to indemnify, defend, and compensate us from any claim for damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from your Membership, your use of the Site, or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.

 

 

Your Account

 

When you register as a Member, you will select a password and Member Name that you can use to access your profile and to log on to the Members’ area of the Site. We do not have the means to check the identity of people using the Members’ area of the Site and will not be liable to you or any third party in the event your password or User Name are used by someone else. You agree to be fully responsible for all use of your account and for any actions that take place using your account and to maintain and promptly update any information you provide to us when you register, to keep it accurate, current and complete. You agree to notify us immediately of any unauthorized use of your password or User Name or any other breach of security of which you become aware.

 

To protect your privacy and the privacy of others, you must comply with the House Rules and the Privacy Policy to ensure that you do not use or disclose your real name or any Personal Information about yourself or anyone else on the Site.

 

 

Member content

 

You are solely responsible for Member Content that you post or create on the Site including any bricks, avatars, and other posts on the Site. We respect the intellectual property rights of others and we prohibit Members from uploading, posting to, or otherwise displaying or transmitting via the Site any materials that violate another party’s intellectual property rights. When we receive notification of a potential infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. We may remove Member Content from the Site for any reason or no reason, including, without limitation, Member Content that in our sole judgment:

 

  1. Violates these Terms;
  2. Violates third party rights, including without limitation, intellectual property rights;
  3. Might be offensive, defamatory, illegal;
  4. Might violate the rights of Togetherall or any third party;
  5. That harms or threatens the safety of Togetherall, our affiliates, other Members, or other people in general; or
  6. Has generated a complaint that warrants further investigation.

 

You may not post, transmit, or share Member Content on the Site that fall into the categories above or that you did not create or have permission to post. While we reserve the right to remove Member Content in the situations described above, you understand and agree that we are not obliged to review the Site for such material and are not responsible for Member Content posted by third parties.

 

When you post Member Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such Member Content. By posting Member Content to any part of the Site, you grant, and you promise that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content. You waive any moral rights that you may have to your Member Content. You may remove your Member Content from the Site at any time by using our Contact Form. Please note that information you send through our Contact Form may be accessed by Togetherall team members located outside the United States.

 

 

Togetherall Content

 

All content made available on the Site, other than Member Content that you post and including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are our property or are licensed to us with all rights reserved. Such content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written consent.

 

Subject to the above, you may download insubstantial excerpts of our content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

 

Any use of our content other than as specifically authorized in these terms, without our prior written consent, is strictly prohibited and will terminate the license granted here. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. This license is revocable at our sole discretion, at any time and without notice.

 

 

Links and Third Party Websites and Content

 

The Site may contain links to other websites that may be accessed by you through the Site. Such third party websites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Togetherall, and we are not responsible for any websites you may access via a recommendation or suggestion on the Site. Inclusion of, linking to, or permitting the use or installation of any third party website or any third party applications, software, or content does not imply approval or endorsement by us. If you decide to leave the Site and access a third party website or to use or install any third party applications, software or content, you do so at your own risk. We are not responsible for the policies, content or security of these linked websites, including how they protect your privacy and collect, use and disclose Personal Information. We strongly encourage you to review the privacy policies applicable to any linked websites you visit.

 

 

Code of Conduct

 

We support the free flow of information and ideas over the Internet. However we do require Members to comply with applicable law and engage respectfully with other Members and at law, and we reserve the right (but have no obligation) to monitor the Site. We therefore require that you do not:

  • Say or do anything that would cause annoyance, inconvenience, harassment, offense, or needless anxiety to others;
  • Advertise or promote third party or your own products or services including, without limitation, by way of the distribution of spam mail;
  • Use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic, or sexually explicit language;
  • Make insulting remarks to or about other Members or any person generally;
  • Distribute illegal, infringing, indecent, or offensive material or any messages or Member Content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;
  • Impersonate another person or Member or a Wall Guide;
  • Transfer files that contain viruses, trojans or other harmful programs;
  • Use the Site to conduct any fraudulent activity including any “pyramid scheme,” “Ponzi scheme,” “multi-level marketing scheme,) or “chain letter;” or
  • Access or attempt to access Members’ accounts or to penetrate or attempt to penetrate the Site security measures.

 

In response to violations of these Terms, including, without limitation, the Code of Conduct described above, we may take any or all of the following actions that we deem appropriate, at our sole discretion, and on a case-by-case basis:

 

  • Remove any Member Content or information (including Member profile photographs) that we, in our sole discretion, deem to be: in violation of any law or regulation or the Terms; inappropriate, or offensive; or that we suspect to be illegal or may subject us to liability;
  • Issue verbal or written warnings to Members and take such further action as we deem appropriate if such warnings are not heeded;
  • Suspend or terminate a Member’s access to certain areas of the Site or a Member’s account without notice at any time;
  • Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; and/or
  • Bring legal action against a Member in relation to any breach of these terms or any illegal or suspected illegal activity.

 

You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

 

Without limiting any of the foregoing, you also agree to abide by our House Rules, which are incorporated by reference into and form part of these Terms.

 

You acknowledge that we may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to you.

 

 

Privacy

 

Your privacy and that of all our Members is very important to us. For important information regarding the collection, use, disclosure, and retention of your Personal Information, please read our Privacy Policy, which is incorporated by reference into and forms a part of the Terms.

 

 

Termination

 

Your Membership term is six months. You will receive one or more emails prior to and shortly after the end of your Membership term containing directions for renewing your Membership. The first time you attempt to log in during the first three (3) years following the expiration of the term you will also be offered to opportunity to renew your membership. After three years, if you want to renew your Membership you must create a new account.

 

You may cancel your Membership at any time by notifying us through our Contact Form.

 

We may terminate your Membership, delete your account and your Member Content and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in our sole discretion, with or without notice.

 

 

Our Legal Obligations and Limits on Liability

 

If you are in crisis, call 911 or contact an emergency support service. This Site is not intended for use by those in crisis, suicidal, or otherwise pose a threat to themselves or others.

 

The Site is not a substitute for medical or mental health services provided by a licensed qualified professional and we cannot and do not assess whether your use of the Site is appropriate or safe.

You acknowledge that the information contained on the Site does not constitute medical or professional advice. The Site is provided for information purposes only and all content and services on the Site are provided on an “as is” and “as available” basis.

 

We do not make any promises to you in respect of the Site or its content, including, without limitation, information provided by about other Members and/or Member Content. Do not use the information on the Site to diagnose or treat any medical condition.

 

You should never disregard or delay seeking medical advice because of something that you have read on the Site.

 

To the extent we identify a Member who appears to be in crisis, we will offer support, including information and encouragement to contact emergency services or seek assistance from a physician or therapist. You acknowledge and accept that we may not identify a Member who is in crisis and that our attempts to intervene in response to an emergency may not be successful.

 

Any decision made or action taken by you on the basis of information provided on or accessed via the Site is at your sole discretion and risk. You should seek appropriate professional advice before acting (or not acting) in reliance on any information contained in or accessed through the Site. So far as is permissible by law, we do not accept any liability to any person relating to the use of the Site.

 

While we will use reasonable efforts to correct any errors or omissions in our content as soon as practicable once they have been brought to our attention, we do not promise that the Site will be available uninterrupted and in a fully operating condition or that the information on and provided via the Site will be free from errors or omissions. We are not be liable for any failure or suspension of the Site, or for termination of access to the Site or access to content, including Member Content.

 

Due to the fact that many technical aspects of the Site and the content provided on or accessible through the Site is supplied by or otherwise dependent on third parties, we are not responsible for the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content and Member Content available on or through the Site.

 

TOGETHERALL WILL HAVE NO LIABILITY (WHETHER UNDER CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE OR CONTEMPLATED BY THE PARTIES) ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR:

 

(a) YOUR LOST REVENUES OR PROFITS;

 

(b) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES; OR

 

(c) EXEMPLARY OR PUNITIVE DAMAGES; AND

 

TOGETHERALL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED ONE THOUSAND US DOLLARS (US$ 1,000).

 

 

Exceptions to Limitations

 

 

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS EITHER PARTY’S LIABILITY FOR:

 

(d) DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS PERSONNEL;

 

(e) FRAUD OR FRAUDULENT MISREPRESENTATION.

 

 

General

 

THE PARTIES AGREE THAT ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE GOVERNED BY DELAWARE LAW, EXCLUDING DELAWARE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF DELAWARE. THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

 

No Third-Party Beneficiaries. These Terms do not confer any benefits on any third party.

 

Execution. The parties may execute these Terms using electronic signatures, electronic copies, and counterparts.

 

Entire Agreement. The Terms, including these Member Terms, the House Rules, and Privacy Policy state all the terms agreed between the parties with respect to use of the Site.

 

Amendments. Any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.

 

Severability. If any term (or part of a term) of this Agreement is invalid, illegal or unenforceable, the rest of this Agreement will remain in effect.

 

 

Complaints and feedback

 

If you have any complaints about another Member or any aspect of the Site or if you have any questions or would otherwise like to provide any other feedback, then you can contact Us by emailing: complaints-ca@togetherall.com or writing to us at the address set out at the top of these terms. your query will be directed to our customer complaints team, which may be based outside of the United States.

This site is not intended for individuals in an emergency. If you are in a life-threatening situation, please immediately dial your country's emergency number available here, or go to your nearest Accident and Emergency department.

Our Website has detected that you are using an outdated browser that will prevent you from accessing our service. We recommended that you update your browser to use Togetherall