TERMS AND CONDITIONS

Last Modified: January 6, 2015

Introduction

These terms and conditions govern the use of all content and services on the WeGush.com website (the “Site”) which is owned and maintained by WeGush, Inc. (“WeGush”). By using the Site, you agree to be bound by these terms and conditions. If you disagree with these terms and conditions or any part of them, you must not use the Site.

You must be at least 13 years of age to use the Site. By using the Site and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.

WeGush’s privacy policy explains how we treat your personal data and protect your privacy when you use the Site. By using the Site, you agree that WeGush can use such data in accordance with our privacy policy.

License to use website

Unless otherwise stated, WeGush and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from the Site (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose;
  • edit or otherwise modify any material on the website (except for content specifically and expressly made available for modification); or
  • redistribute material from the Site (except for content specifically and expressly made available for redistribution).

Acceptable use

WeGush reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Site. Your use of the Site is subject to all applicable local, state, national and international laws and regulations.

In using the Site you agree not to post, transmit, or otherwise make available, through or in connection with the Site:

  • Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another’s privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
  • Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme”, survey, contest, or investment opportunity, or any other form of solicitation (with the exception of inviting individuals to participate in a gush), or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
  • Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
  • Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

You also agree that you will not:

  • Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of WeGush or the servers or networks used to make WeGush available; or violate any requirements, procedures, policies or regulations of such networks.
  • Use the Site to distribute or otherwise publish any material containing any solicitation of funds (with the exception of seeking contributions toward a group gift associated with a gush), promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the Site in a commercial manner.
  • Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or Materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site.
  • Engage in any other conduct which, in WeGush’s sole discretion, is considered inappropriate, unauthorized or objectionable.
  • Falsely state or misrepresent the beneficiary or intent of any group payment, provide inaccurate or fraudulent identity or payment information, or otherwise violate the terms of our group payment vendor.

Group Payments

WeGush uses third-party vendors for processing of group payments. Our current vendor is WePay, Inc. WeGush is not affiliated with WePay, Inc., and our relationship is that they are a third-party contractor. If you choose to participate in a group payment, your information, including payment information, will be shared with this third-party vendor, and the terms and conditions and privacy policy of this vendor apply.

Prohibited Activities

You may not use the Site or payment services for activities that:

  • violate any law, statute, ordinance or regulation
  • relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) weapons, ammunition, firearms, or certain firearm parts or accessories, or knives regulated under applicable law
  • relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing,or (g) provide certain credit repair or debt settlement services
  • involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
  • violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
  • involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from WeGush and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

Restricted access

Access to certain areas of the Site is restricted to registered users. WeGush reserves the right to restrict access to other areas of the Site, or indeed this entire website, at the discretion of WeGush.

If WeGush provides you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you are responsible for their security and integrity, and you must ensure that the user ID and password are kept confidential. WeGush may disable your user ID and password at WeGush’s sole discretion, without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Site, for whatever purpose.

Although you will still own the copyright in your content, you grant to WeGush a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media for any purpose. You also grant to WeGush the right to sub-license these rights, and the right to bring an action for infringement of these rights.

WeGush reserves the right to edit or remove any material submitted to the Site, or stored on WeGush’s servers, or hosted or published upon the Site.

Digital Millennium Copyright Act Notification Guidelines

Notification of Infringement

It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing WeGush’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WeGush to locate the material.
  4. Information reasonably sufficient to permit WeGush to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g) (3) to confirm these requirements):

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which WeGush may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Designated Copyright Agent

WeGush’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached at info@WeGush.com.

Links to third party sites

WeGush may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of WeGush and WeGush is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WeGush is not responsible for any other form of transmission received from any Linked Site. WeGush is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WeGush of the site or any association with its operators.

No warranties

The Site is provided “as is” without any representations or warranties, express or implied. WeGush makes no representations or warranties in relation to the Site or the information and materials provided on the Site. WeGush does not warrant that the Site will be constantly available, or available at all, or the information on the Site is complete, true, accurate, ERROR-FREE OR FREE FROM VIRUSES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEGUSH AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

UNDER NO CIRCUMSTANCES WILL WEGUSH OR CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF THE SITE, OR ANY OTHER INTERACTIONS WITH WEGUSH EVEN IF WEGUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF WEGUSH OR ITS CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTSS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You hereby agree to indemnify, defend and hold harmless WeGush and its contractors, employees, officers, directors and agents from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by WeGush to a third party in settlement of a claim or dispute on the advice of WeGush’s legal advisers) incurred or suffered by WeGush that arises out of or relates to any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to WeGush’s other rights under these terms and conditions, if you breach these terms and conditions in any way, WeGush may take such action as WeGush deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

Modifications to these Terms and Conditions

WeGush may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Site from the date of the publication of the revised terms and conditions on the Site. Please check this page regularly to ensure you are familiar with the current version.

Entire Agreement, Severability, Waiver

These terms and conditions constitute the entire agreement between you and WeGush in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. The failure of WeGush to enforce or exercise any right or provision of these terms and conditions shall not operate as a waiver of such right or provision.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any disputes relating to these terms and conditions shall be adjudicated in the federal or state courts located in Boston, Massachusetts, and you hereby consent and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such action.

Copyright and trademark notices

All contents of WeGush are copyright 2015, WeGush, Inc., and/or its suppliers. All rights reserved. The names of actual companies and products mentioned on WeGush may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.