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Terms of Use GLOBAL ALERT NETWORK, INC. GENERAL
BEFORE USING ANY GAN SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE AGREEMENT. BY ACCESSING, BROWSING AND/OR USING THE GAN SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH HEREIN, ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF USE AGREEMENT (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE GAN SERVICES IMMEDIATELY. DO NOT INTERACT WITH YOUR MOBILE DEVICE WHILE DRIVING.
The GAN Services deliver content via (i) mobile carrier networks through its data channel, text messaging, and proprietary communication channels and (ii) through other proprietary communication channels. YOU MAY INCUR DATA CHARGES AND TEXT MESSAGING CHARGES THROUGH YOUR USE OF GAN SERVICES. GAN RECOMMENDS THAT ALL SUBSCRIBERS HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN AND MONITOR SUCH USAGE REGULARLY. TO DETERMINE IF YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN, GAN RECOMMENDS YOU CONTACT YOUR WIRELESS CARRIER TO VERIFY YOUR PLAN AND ASSOCIATED COSTS FOR DATA AND TEXT MESSAGES. GAN SHALL NOT BE RESPONSIBLE FOR ANY CARRIER CHARGES ASSOCIATED WITH THE USE OF GAN SERVICES. The GAN Services provide alerts and information based on location or user preferences. The GAN Services require that the mobile device allow the GAN Services to access GPS or other location functionality on the mobile device. GPS must be enabled either automatically or manually in order for the application to provide the alert services. You must allow us to track your location using GPS or other location technologies. You must agree and enable your mobile device to allow us to access your mobile device’s location from time to time. GAN Services are advertising sponsored and will include advertising presented with each alert or information broadcast. THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND GAN. You may receive a copy of this Agreement by either emailing us at: privacy@globalalertnetwork.com, Subject: Terms of Use Agreement, or by accessing a copy of this Agreement at http://www.globalalertnetwork.com/terms-of-use .
1. PRIVACY NOTICE GAN's Privacy Policy is hereby incorporated into this Agreement by reference, and is available either through your mobile device or at http://www.globalalertnetwork.com/privacy . Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information. 2. MODIFICATION OF THIS AGREEMENT We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement either through your mobile device or at http://www.globalalertnetwork.com/terms-of-use periodically for any such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement, you acknowledge and agree that any such amended or modified terms shall automatically be effective the earlier of (i) ten (10) days after they are initially posted on http://www.globalalertnetwork.com/terms-of-use and (ii) at any time upon notice to you. Your continued use of the GAN Services after the effective date of such changes constitutes your acceptance of and binding agreement to such changes. 3. OWNERSHIP; PROPRIETARY RIGHTS The GAN Services are owned and/or operated by GAN. The GAN Software, content, visual interfaces, information, alerts, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the GAN Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the GAN Services are the property of GAN or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the GAN Services are proprietary to GAN or its affiliates and/or third-party licensors. Except as expressly authorized by GAN, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. 4. ACCOUNT INFORMATION You hereby represent and certify that you are at least eighteen (18) years of age or have the permission of a parent or legal guardian who is willing to agree to these terms on your behalf. You agree that the information you provide to GAN upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. For example, you should notify GAN if your mobile device number changes. 5. PASSWORD When you register for the GAN Services you may be asked to provide a password. We recommend passwords that use a combination of upper and lower case letters, numbers and symbols. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times. YOU MUST NOTIFY GAN IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR GAN ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements. 6. PAYMENT TERMS; CANCELLATION You agree to pay any fees due for and incurred by your use of the GAN Services. Any payments and fees for your use of the GAN Services are managed by your mobile carrier. Please refer to your mobile carrier’s regular billing statement for charges related to the GAN Services, and contact your mobile carrier directly with any questions or comments related to these fees. If you wish to discontinue using the GAN Services, then you may cancel your GAN Services subscription by logging into your GAN account at www.globalalertnetwork.com and selecting “Manage Account & Subscriptions”. Select “Cancel Service” and then delete the GAN Software from your mobile handset. 7. USAGE AND PROHIBITED CONDUCT a. use the GAN Services if you are under the age of 18 years, unless you have the permission of a parent or legal guardian who is agreeing to these terms on your behalf; c. use the GAN Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, rights of publicity, and import or export control; e. remove, circumvent, disable, damage or otherwise interfere with security related features of the GAN Services, features that prevent or restrict use or copying of any content accessible through the GAN Services, or features that enforce limitations on use of the GAN Services; f. intentionally interfere with or damage operation of the GAN Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; g. use the GAN Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the GAN Services could lead directly to death, personal injury, or severe physical or property damage; i. use any robot, spider, scraper or other automated means to access the GAN Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the GAN Services or modify the GAN Services in any manner or form, nor to use modified versions of the GAN Services, including (without limitation) for the purpose of obtaining unauthorized access to the GAN Services; j. sell or transfer or allow another person to access your account password, profile, or GAN Services account; or k. sell or transfer any content provided through the GAN Services, including without limitation, text, audio or graphics.
10. END USER LICENSES 10.1 LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the GAN Software you must have a mobile device that is compatible with the GAN Services. GAN does not warrant that the GAN Services will be compatible with your mobile device. a. License Grant. GAN hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the GAN Software as follows: You may use the GAN Software for one GAN Services subscription account (a “Subscription Account” is comprised of the shared resources accessible by a single login ID) on one mobile device owned or leased solely by you, for your personal use. b. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the GAN Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the GAN Software to any third party; (iii) make any copies of the GAN Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security related features of the GAN Software, features that prevent or restrict use or copying of any content accessible through the GAN Software, or features that enforce limitations on use of the GAN Software; or (v) delete the copyright and other proprietary rights notices on the GAN Software. c. Software Upgrades. You acknowledge that GAN may from time to time issue upgraded versions of the GAN Software, and may automatically electronically upgrade the version of the GAN Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. d. Open Source. With respect to any open source or third-party code that may be incorporated in the GAN Software, such open source code is covered by the applicable open source or third-party license, if any, authorizing use of such code. e. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the GAN Software or any copy thereof and GAN or its third party partners, licensors, or suppliers retain all right, title, and interest in the GAN Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. GAN reserves all rights not expressly granted under this Agreement.
11. VIOLATIONS; TERMINATION You agree that GAN, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the GAN Services or use of the GAN Services and remove and discard all or any part of your account at any time. You further agree that GAN may terminate any part of the GAN Services (1) if the partner with whom we offered the service to you has terminated its relationship with GAN or ceased to offer the service to you, (2) by GAN in its sole and absolute discretion, without prior notice, or (3) if we are required to do so by law. You agree that any termination of your access to the GAN Services or any account you may have or portion thereof may be effected without prior notice, and you agree that GAN will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the GAN Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GAN may have at law or in equity. THE GAN SERVICES ARE PROVIDED “AS IS”. YOU AGREE THAT YOUR USE OF THE GAN SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GAN, ITS RELATED ENTITIES, AND ALL SUCH ENTITIES’ OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAN SERVICES, AND YOUR USE THEREOF. GAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE GAN SERVICES, OR THE CONTENT OF ANY GAN SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF GAN SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAN SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAN SERVICES OR BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE GAN SERVICES AND ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAN SERVICES. GAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAN SERVICES, OR ANY HYPERLINKED SOFTWARE OR WEBSITE, AND GAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT SHALL GAN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE GAN SERVICES, EVEN IF GAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GAN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, (IF ANY), BY YOU TO GAN FOR THE GAN SERVICES DURING THE TERM OF YOUR USE OF THE GAN SOFTWARE, GAN SERVICES, OR WEBSITE AND (B) $1.00.
13. INDEMNIFICATION; HOLD HARMLESS You agree to indemnify, defend, and hold GAN, its subsidiaries, its parent companies and affiliates, and their respective directors, officers, agents, partners and employees, and its distributors, partners, licensors, contributors (including, without limitation, GAN’s wireless carrier partners, handset manufacturers, and content providers) and their respective directors, officers, agents, partners and employees (collectively, the “Indemnified Parties”) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the GAN Services, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of the GAN Services. GAN reserves 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 with and provide any necessary information for our defense of these claims. 14. TAKE DOWN OF MATERIAL 2. A description of the allegedly infringed copyrighted work. 3. Identification of the allegedly infringing material and where on the GAN Services the allegedly infringing material is located. 4. Your address, telephone number, and email address. 5. A statement by you that you have a good faith belief that use of the infringing material on the GAN Service is not authorized by the copyright owner, its agent, or the law. 6. A statement by you that the information you are providing in this notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. The above information should be sent to either: info@globalalertnetwork.com 15. MISCELLANEOUS 15.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the GAN Services shall be filed only in the state or federal courts in and for Hennepin County, Minnesota and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either GAN or you may demand that any dispute or claim between GAN and you about or involving the GAN Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (“AAA”) in Hennepin County, Minnesota, USA and, if so demanded by GAN or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in Hennepin County, Minnesota to resolve the applicable dispute or claim; provided that the foregoing shall not prevent GAN from seeking injunctive relief in a court of competent jurisdiction.
15.3 Claims. You agree that any cause of action you may have against GAN arising out of or related to the GAN Services must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred. 16. CONTACT You may contact GAN at the following address: PO Box 442, 252 School Street, Howard, PA 16841 or info@globalalertnetwork.com. END
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