The following Terms of Service ("TOS") are between the Participant (“you”) and Galoo, LLC (“GALOO”) and constitute a legal agreement that governs your use of the Galoo service (the “Service”). By using the Service, you are agreeing to be bound by the following terms and conditions of these TOS.
GALOO may update or change the TOS from time to time without notice to you and recommends that you review the TOS on a regular basis. Any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service subsequent to any such revisions shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: https://www.getgaloo.com/terms-of-service.
You agree that GALOO may terminate your access to the Service if you violate any of the TOS. GALOO prohibits conduct and Content on the Service that fails to comply with these TOS. In addition, you understand and agree that GALOO cannot be responsible for the Content posted on the Service and you risk being exposed to such materials. "Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials.
BY CHECKING THE ACCEPTANCE BOX OR USING ALL OR ANY PORTION OF THE SERVICE, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU AND LEGALLY BINDING BETWEEN YOU AND GALOO, LLC (“GALOO”).
The following definitions will apply to these TOS, and any reference to the singular includes a reference to the plural and vice versa.
“Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of these TOS, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity.
“Event” means a virtual event experience presented by a Venue via the Services.
“Participant” means an individual, other than the Venue, who accesses or uses the Services, with or without the permission and knowledge of the Venue.
“Venue” means an individual or entity responsible for a virtual event experience presented via the Services.
The Service is a web-based application from GALOO designed to provide an immersive virtual event experience. The Service is made available on an “AS IS” and “AS AVAILABLE” basis. GALOO uses or may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You assume all risks associated with your use of the Service.
Your use of the Service requires that you have one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to access and use the Service may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
GALOO reserves the right, at any time or from time to time, to modify, suspend or discontinue the Service (or any part thereof), temporarily or permanently, for any reason, with or without notice to you. Without limiting the foregoing, GALOO may provide notice of any such changes by posting them on its website located at https://www.getgaloo.com and/or at the Service itself. GALOO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that GALOO has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future.
As part of using the Service, GALOO may provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that GALOO will be free to use any feedback you provide for any purpose, unless otherwise provided in writing.
GALOO may impose certain limitations on the use of the Service. You agree to use the Service only for purposes as permitted by these TOS and in compliance with all applicable local, state, national, and international laws, regulations, or generally accepted practices in the applicable jurisdiction, including any laws regarding the transmission of technical data exported from your country of residence. GALOO reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you.
You shall not, shall not agree to, and shall not authorize or encourage any third party to use the Service to:
Violation of any of the foregoing may result in immediate termination of your ability to access and use the Service, and may subject you to state and federal penalties and other legal consequences. By accepting these TOS you represent that you understand and agree to the foregoing.
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service, or any portion thereof, for any purpose.
You understand that all Content on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not GALOO, are solely responsible for any Content you upload, download, post, e-mail, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. In addition, you may intentionally or unintentionally make Content available to others through your use of the Service that you consider to be private or otherwise inapplicable or inappropriate. GALOO does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of any Content. You acknowledge that GALOO is not responsible or liable in any way for any Content provided by you or by others and has no duty to pre-screen such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
You acknowledge and agree that GALOO may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of GALOO, its users or the public as required or permitted by law.
You affirm that you are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that you are under the age of 16 or are otherwise ineligible.
GALOO may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled. You may not be granted access to your account or any files or other Content contained in your account although residual copies of information may remain in our system.
GALOO, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service by you for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge that GALOO owns all right, title and interest in and to the Service and in all trade names, trademarks, service marks, logos, and domain names associated or displayed with the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. GALOO may deny access to the Services to any user who is alleged to infringe another party's copyright.
GALOO claims no intellectual property rights over the Content you provide to the Service. However, you acknowledge that, depending on your choices regarding how you use the Services and the access that you may grant to others in that regard, you may agree to allow others to view and share your Content as part of your use of the Services.
GALOO does not warrant that: (i) the Service will meet your requirements or expectations; (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (iii) bugs or errors will be corrected; (iv) that any Content or access through the Service will not be subject to inadvertent damage, corruption or loss; and (iv) the results that may be obtained from the Service will be accurate or reliable. The Service is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. No advice or information, whether oral or written, obtained by you from GALOO or through or from the Service shall create any warranty not expressly stated in the TOS. You expressly understand and agree that GALOO shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GALOO has been advised of the possibility of such damages), resulting from: (i) your usage of or the inability to use the Service; (ii) the cost of procurement of substitute goods, data, information and services resulting from any goods, data, information or services purchased, obtained or made available through your use of the Service, or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration, damage or loss of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
You agree to hold harmless and indemnify GALOO and/or the Venue, and their affiliates, officers, members, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service or any violation by you of these TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, GALOO and/or the Venue will provide you with written notice of such claim, suit or action. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service.
GALOO may provide you with notices regarding the Service, including changes to these TOS, by e-mail, regular mail, or by postings on its website and/or the Service.
Any litigation or other dispute resolution between you and GALOO arising out of or relating to these TOS or your use of the Service will take place in the Western District of Washington, and you and GALOO hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Washington, except that body of Washington law concerning conflicts of law shall not be applicable. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
These TOS constitutes the entire agreement between you and GALOO and govern your use of the Service, superseding any prior agreements between you and GALOO (including, but not limited to, any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software and, if so, you shall be solely responsible for compliance of such additional terms and conditions. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of GALOO to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact GALOO at firstname.lastname@example.org.