Gateway Global Citizens, PBC
MOBILE APP TERMS OF USE
Effective Date: November 1st, 2024
Last Updated: November 1st, 2024
Table of Contents
6. MOBILE APPLICATION LICENSE 7
13. THIRD (3RD) PARTY WEBSITE AND CONTENT 11
25. EUROPEAN UNION (EU) USERS 15
26. UNITED STATES FEDERAL GOVERNMENT END-USER PROVISIONS 15
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
The Terms of Use Agreement (“Agreement”), created on the effective date and last amended on the date above, is made between you ("user,” “you," or “your”) and The Company:
Website URL: www.gatewayapp.net
Company Name: Gateway Global Citizens, PBC
Street Address: 615 Pavonia Avenue, #4602
City / State: Jersey City, NJ 07306
Zip Code: 07306
The Company operates the mobile application and website located at www.gatewayapp.net, along with all related applications, software, tools, and services (collectively, the "Services").
This Agreement governs your access to and use of the Services, including any content, functionality, and services offered through our website, mobile applications, and other related platforms. By accessing or using the Services, you agree to be bound by this Agreement.
The Company includes its parent company, subsidiaries, affiliates, officers, employees, agents, partners, and licensors. References to the Company in this Agreement include all such entities.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditional upon your acceptance of and compliance with this Agreement, which applies to all users of the Service. If, for any reason, you do not agree with any of the terms of this Agreement, you may not access the Service.
Additionally, your access to and use of the Service is conditional upon your acceptance of and compliance with our Privacy Policy, which describes our policies and procedures on the collection, use, and disclosure of your personal information. The Privacy Policy is initiated by and commences when you use the Service. The Privacy Policy provides details about your privacy rights and protections under applicable laws. It is advised to read our Privacy Policy prior to accessing the Service.
If any user is a minor in the jurisdiction where they reside, they must obtain permission from their parent or guardian to use the Service. If a minor accesses the Service, it is assumed that their parent or guardian has read and agrees to this Agreement and has given permission to the minor to use the Service.
This application is not intended for use by children under the age of thirteen (13). If you are under 13, you are not permitted to use the app or provide any personal information through the app.
We do not knowingly collect, use, or disclose personal information from children under 13. If we become aware that personal information from a child under 13 has been collected without verifiable parental consent, we will delete that information promptly.
By using the app, you affirm that you are either 13 years of age or older or that you have received verifiable parental consent to use the app.
If you are a parent or guardian and believe that your child under 13 has provided personal information through the app, please contact us immediately so we can take appropriate action.
We do not claim that the Service's content is appropriate or suitable for you or any user. No information, data, or content provided through the Service is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject the Company to legal liability of any type. Any such access or use of the Service is to be undertaken on your own initiative, and you are solely responsible for ensuring legal compliance.
Any supplemental amendments or documents provided through the Service following the effective date of this Agreement are to be considered expressly incorporated into this Agreement.
As a user of our services, whether on the website or application, it is prohibited to engage in the following activities:
Our service may allow you to chat, post, or share data and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the service, including but not limited to text, writings, video, audio, photos, graphics, comments, suggestions, personal information, or other material (collectively referred to as "content"). Content shared on the service is generally viewable by other users or the general public, except as noted for specific types of content such as voter-related data and personal chat messages.
When you create or share content on the service, including voter-related data, you agree to the following:
All other content you submit, post, or share on the service (not categorized as voter-related data or personal chat messages) will be considered non-confidential and non-proprietary and will generally be publicly viewable unless otherwise specified.
By submitting content on the service, you grant us the right and license to use, modify, publicly perform, display, reproduce, and distribute the content as follows:
You also confirm that:
The following terms will govern the use of the proprietary mobile application:
It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law.
If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us by any of the contact details mentioned herein and include a detailed description of the alleged infringement.
If any request is made, and it is determined that you are not the owner of the intellectual property or do not have the authority to act on the owner’s behalf, you may be held accountable for damages which may also include costs related to attorneys’ fees for such misrepresentation.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Upon receipt of a copyright infringement notification, we will take whatever steps are required to remove the copyrighted content from the website or the services.
Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs, and media of any kind (e.g., audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information ("intellectual property”). Such intellectual information is under our
ownership and protected by local, state, national, and international laws and will be defended.
No intellectual property is permitted to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.
You, as a user of the service, agree to the following:
In regard to any of the information submitted by you, if it should be deemed inaccurate, out of date, or incomplete, we reserve the right to terminate your access to the website or account and any future intended use.
WIth the creation of a user account on the service, you agree to be responsible for safeguarding its information, including account data, connected e-mails, passwords, and any other personal information. If you are made aware of any breach or unauthorized use of the account, notify us as soon as possible. Furthermore, you agree not to disclose any password created with any 3rd party other than secured services used to assist with saving passwords on your behalf.
If the creation of a username is allowed when making an account, such username must be appropriate for public viewing and not violate any trademark, copyright, or other protected names or marks.
As part of the service's functionality, you may be able to link and connect a social media profile with your account for sharing information, logging into the service, or for
any other reason that is in accordance with the terms of this Agreement and the social media company’s terms of use (“social media profile”).
If connecting a social media profile with the service, it is acknowledged that you may be required to disclose its login information or grant us access. Such disclosure or access is within the terms of use of the social media profile, and you understand that:
Due to the policies commonly mentioned in a social media company’s terms of use, we make no effort to review any content produced through the connection of a social media profile unless notified by other users, a 3rd party, or another event that triggers a review of the account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the service (“submissions”) provided by you is public and is not considered confidential unless otherwise stated. Upon submissions posted on the service, it becomes our exclusive property along with all intellectual property rights, which we may use for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
By posting your submissions, you agree to waive any rights to such submissions and acknowledge their transfer to us. In addition, you agree that after the posting of such submissions, there is no recourse. Therefore, you may not delete submissions to use them on another platform for your benefit or to reclaim their rights.
Our service may contain links to 3rd party websites or services that are not owned or controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts by 3rd parties. You acknowledge that if you are to be re-directed or forwarded to such 3rd party website, you hold us harmless and free of liability for any action that
should occur on such websites, which may or may not include damages, losses, or any other claims.
In the event that we host, display, recommend, or link to websites or services in exchange for a fee (“advertisements”), it shall be known that such websites and services are often not known to us and are provided via advertisement networks based on user data. We do not own or control such advertisements and assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or other acts. Our only affiliation with such advertisements is the payment per display, clicks, or any additional monetary benefit in accordance with its terms and conditions or affiliate terms.
Any advertisements used are subject to the Digital Millennium Copyright Act (“DMCA”) policies. There will be no refund or compensation related to a DMCA takedown of said advertisements. Our relationship with advertisers begins and ends with us providing space for the placement of such advertisements.
To ensure the best experience for all users of our service, we reserve the right, in our sole discretion, to do the following:
Your access to and use of our service is conditional upon your acceptance of our privacy policy. Our privacy policy describes our rules and procedures on the collection, use, and disclosure of your personal information and details your privacy rights and how the law protects you and such data. It is recommended for all users to read to know their rights.
We maintain the right to store certain data that you have transmitted by the use of the service. You are solely responsible for the data you transmit and how it relates to any activity you have undertaken when using the service. Therefore, you agree that we have no liability to you for any loss, breach, or corruption of any data and hereby waive any right of action against us that may or may not arise from such loss, breach, or corruption.
We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the service will cease immediately.
If you wish to terminate your relationship with us, such termination can be made by simply discontinuing your use of the service.
The laws governing the company’s jurisdiction, mentioned in Section 1(a) of this Agreement, shall govern this Agreement, including your use and access to the service. Your use of this service may be subject to other local, state, national, and international laws.
If you should raise any dispute about the the service offered, it is required first to attempt to resolve the dispute formally by contacting us.
We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the country where you or we reside.
It is recognized to you, as a user of the service offered, that they are provided on an “as-is,” “where is,” and “as available” basis, including faults and defects without warranty.
To the maximum extent permitted under applicable law, the company, on its own behalf and those of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the said service offered, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind, that the content or any services provided will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, devices, or services, including operating without interruption, or meet any performance or reliability standards or be error and bug-free from any defects that can or will be corrected.
Without limiting the foregoing, neither we nor any of our providers make any representation or warranty of any kind, express or limited, in regard to the following:
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent under applicable law.
You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any 3rd party due to or arising out of the following:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices sent to us must be sent to the e-mail mentioned in Section 1 of this Agreement. Any notices sent to you regarding any communication that must be sent in accordance with this Agreement will be sent to the e-mail registered to any account created on the service.
If notice is required to be sent via standard mail for legal or other purposes, the mailing address in Section 1 of this Agreement should be used.
When accessing the service or sending e-mails, online forms, esignatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in any of the methods below:
1625 North Market Blvd, Suite N 112,
Sacramento, California
95834
Telephone
(800) 952-5210
(916) 445-1254
If you are a European Union (EU) resident, consumer, or user, it is recognized that you are entitled to specific protections on how your personal information is collected. We, in our privacy policy, attempt to be in accordance with such rules and regulations.
If you are a user acting on behalf of the U.S. federal government, our service is treated as a “commercial item” as defined under 48 C.F.R. § 2.101.
This Agreement and any policies or operating rules posted by us, on the service, or in respect to such constitute the entire Agreement and understanding between you, as a user, and us, as a company. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law in accordance with the jurisdiction where we are located and to the protections that you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control.
If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language.
It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, or the service. You agree that this Agreement will not be construed against us by virtue of having drafted and published for your review. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the lack of signing by any party hereto.
If this Agreement has been translated, you agree that its original English text shall prevail in the case of a dispute.